Dobin v. Sheehan (In Re Eight Bulls, LP)

OPINION

RAYMOND T. LYONS, Bankruptcy Judge.

Chapter 7 Trustee Andrea Dobin, Plaintiff, moves for summary judgment in this adversary proceeding to avoid the interests of Timothy and Barbara Sheehan, Defendants, in property listed on the bankruptcy petition filed by Debtor, Eight Bulls, LP. Because (1) the deeds to the Sheehans were not recorded as of the date of Debtor’s petition, (2) New Jersey state law allows a bona fide purchaser to take free of unrecorded interests, and (3) the Bankruptcy Code provides Trustee Dobin with the rights and powers of a bona fide purchaser, Trustee Dobin may…