In Re Lance E. Thomas, Debtor. Eva M. Huber, Plaintiff/counter-Defendant/appellant v. Curtis B. Danning, Trustee, Defendant/counter-Plaintiff/appellee

32 F.3d 572 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. In re Lance E. THOMAS, Debtor. Eva M. HUBER, Plaintiff/Counter-Defendant/Appellant, v. Curtis B. DANNING, Trustee, Defendant/Counter-Plaintiff/Appellee. No. 93-55044. United States Court of Appeals, Ninth Circuit. Argued and Submitted June 9, 1994. Decided July 27, 1994. Before: FARRIS, O'SCANNLAIN, and TROTT, Circuit Judges. 1 MEMORANDUM * 2 Eva Huber appeals the decision of the Bankruptcy Appellate Panel ("BAP") affirming a bankruptcy court summary judgment which avoided her interest in certain property (the "Property") under section 544(a)(3) of the Bankruptcy Code and declared that a bankruptcy trustee (the "Trustee") holds free and clear title to the proceeds from the sale of this property. 3 * Huber's adversary proceeding asserted an equitable interest in the Property and its proceeds in the form of a constructive trust. Huber contends that section 544(a)(3) does not permit the Trustee to avoid a…