Remes v. McGee (In Re McGee)

MEMORANDUM OPINION AND ORDER GRANTING PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT

JO ANN C. STEVENSON, Bankruptcy Judge.

This matter was brought before the Court on Plaintiff Chapter 7 Trustee Richard C. Remes’ motion for summary judgment. At issue is whether, as a matter of law pursuant to 11 U.S.C. § 544(a)(3), the Trustee may “strong-arm” into the Debtor’s estate a parcel of Bahamian real estate owned by the Debtor but subject to an unrecorded declaration of trust in favor of his son, Defendant Robert McGee. Finding no material facts at issue and that Plaintiff is entitled to judgment as a…