In Re Brown Family Farms, Inc., Debtor. Philip R. Joelson, Trustee v. John W. Brown and Frances P. Brown

BAILEY BROWN, Senior Circuit Judge.

Defendants John W. Brown and Frances P. Brown (the Browns) appeal from a district court decision dismissing their bankruptcy appeal. The bankruptcy court had allowed the trustee for debtor Brown Family Farms, Inc. (BFF) to avoid a transfer of real property from BFF to the Browns, holding that the trustee was in the position of a bona fide purchaser under 11 U.S.C. § 544 and that in any event the transfer to the Browns amounted to a preference under 11 U.S.C. § 547. The district court dismissed the appeal, stating that even if the Browns had prevailed on all…