Bakst v. Cario (In re Cario)

Plaintiff, the chapter 7 trustee, brought an adversary action against defendant grantor, seeking a ruling that debtor's estate held title to an undivided one-half interest in certain real property, free of any claim of the grantor, and an order authorizing the trustee to sell the real property. Grantor countered that the debtor grantee held a one-half interest in the real property for the grantor as a constructive or resulting trust.