Legal Opinion

Saghi v. Walsh (In Re Gurs)

United States Bankruptcy Appellate Panel for the Ninth Circuit

Decided October 12, 1983No. BAP Nos. NC-82-1108 EVK, NC-82-1109 EVK, Bankruptcy No. 3-80-02061 LK, Adv. Nos. 3-81-0081 LK, 3-81-0095 LKPublishedCited by 16 opinions

1Opinion of the Court

ORDER ON MOTION FOR REHEARING

Previously this panel reversed and remanded the trial court’s summary judgment entered in favor of the Trustee. In re Gurs, 27 B.R. 163 (Bkrtcy.App. 9th Cir. 1983).

Record title to the real property in question was vested in the debtors. As the holder of the “rights and powers of” a bona fide purchaser under Title 11 U.S.C. (the “Code”) § 544(a)(3), the Trustee sought to invalidate Appellants’ claims that the debtors held the property subject to a constructive or resulting trust. The key feature of our prior determination was that the Trustee was bound by the…

2Cases cited2 opinions

  1. Cunningham v. BrownSupreme Court of the United States · 1924
  2. Saghi v. Walsh (In Re Gurs)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1983

3Cited by16 opinions

  1. Torrez v. Torrez (In Re Torrez)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1986
  2. In Re Aerco Metals, Inc.United States Bankruptcy Court, N.D. Texas · 1985
  3. Butler v. Lomas & Nettleton Co. (In Re Butler)United States Bankruptcy Court, E.D. Pennsylvania · 1987
  4. First Eastern Bank, N.A. v. Jacobs (In Re Jacobs)District Court, M.D. Pennsylvania · 1985
  5. Nutting v. Bradford National Bank (In Re Nutting)United States Bankruptcy Court, D. Vermont · 1984

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