McCannon v. Marston (In Re Hotel Associates, Inc.)

OPINION

WILLIAM A. KING, Jr., Bankruptcy Judge.

Presently before the Court is the Complaint of Miriam H. McCannon for Relief from Stay pursuant to § 362 of the Bankruptcy Code. In addition, McCannon prays for specific performance of an agreement of sale entered into with debtor. Because we believe that the trustee, as a hypothetical bona fide purchaser, may avoid the interest of the prospective purchaser, judgment will be entered in favor of the trustee. 1

On April 9, 1981, trial on the Complaint was heard. At the close of the plaintiff’s case, the trustee moved for judgment. The facts are…