- 11 U.S.C.
Taxel v. Chase Manhattan Bank (In re Deuel)
Dec
28
2006
Ruling
Trustee could recover property free and clear as bono fide purchaser for value where deed of trust securing bank loan had not been recorded.
Procedural posture
Appellant chapter 7 trustee sought review of a decision of the Bankruptcy Court for the Southern District of California, which denied the trustee's motion for summary judgment and granted the cross-motion of appellee bank. The bank had filed a motion to quiet title to a deed of trust in the debtor's real property. The trustee sought to recover the property for the estate pursuant to 11 U.S.C. § 544(a)(3).
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