Legal Opinion
Marshack v. Sauer (In Re Palmer)
United States Bankruptcy Court, C.D. California
Decided April 24, 1992No. Bankruptcy No. SA 91-36731JB, Adv. No. SA 91-03837JBPublishedCited by 7 opinions
1Opinion of the Court
AMENDED MEMORANDUM OF DECISION
JAMES N. BARR, Bankruptcy Judge.
PROCEDURAL BACKGROUND
The Chapter 7 Bankruptcy Trustee (the “Trustee”) commenced this adversary proceeding seeking an adjudication of the rights of the parties with respect to real property located in New Mexico (the “Property”). The Trustee then filed a motion for summary judgment against Fred and Marcia Plahm-Sauer (the “Sauers”) on the sole basis that, as a bona fide purchaser under 11 U.S.C. § 544(a)(3) 1 , he may defeat the Sauers’ claim that Joan Schueman Palmer (the “Debtor”) was holding the Property in trust for them. Based…
2Cases cited13 opinions
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- Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
- McCannon v. MarstonCourt of Appeals for the Third Circuit · 1982
- In Re North American Coin & Currency, Ltd.Court of Appeals for the Ninth Circuit · 1985
- Portsmouth Square, Inc. v. Shareholders Protective Committee Palmer York, Jr. George E. Croke Eugene J. Marty Rose Leah Jones Kenneth R. ScottCourt of Appeals for the Ninth Circuit · 1985
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3Cited by7 opinions
- Ralar Distributors, Inc. v. Rubbermaid, Inc.Court of Appeals for the First Circuit · 1993
- Missouri Breaks, LLC v. BurnsNorth Dakota Supreme Court · 2010
- Glanz v. RJF International Corp. (In Re Glanz)United States Bankruptcy Court, D. Maryland · 1997
- Walker v. Elam (In Re Fowler)United States Bankruptcy Court, E.D. Tennessee · 1996
- In Re HickenbottomUnited States Bankruptcy Court, W.D. Washington · 1992
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