Fox

Fox v. Nowlin (In re Nowlin)

Good Law
558 B.R. 907
United States Bankruptcy Court, Central District of CaliforniaSeptember 2, 2016Case No.: 1:14-bk-14758-MT; Adv No: 1:15-ap-01123-MTCalifornia3,984 words

Opinion

Lead Opinion

Tighe, J.

MEMORANDUM OF DECISION AFTER TRIAL

This case concerns the application of the Chapter 7 Trustee’s status as a bona fide purchaser under 11 U.S.C. § 544 (a)(3) to a claim by Anthony and Edith Fox (collectively the “Foxes” or “Plaintiffs,” individually as “Anthony” and “Edith”) that they own property. Nancy Zamora, the duly appointed Chapter 7 Trustee for the Es *909 tate in this case (the “Trustee”), seeks to sell real property located at 23350 Santa Susanna Pass Road, Chatsworth, California 913111, and identified in the Los Ange-les County Recorder’s Office (“Recorder’s Office”) as Assessor’s Parcel No. 2723-001-001 (the “Property”). The trial was bifurcated so that the initial question of whether Trustee had constructive notice of the Foxes’ interest could be decided first. As the Court concludes that Trustee had no constructive knowledge of any interest in the property other than the debtors’, there is no need to hold the second part of the bifurcated trial to determine what the extent of the other interest is.

Findings of Fact

Background

On October 20, 2014, Debtors Gordon and Rosarme Nowlin (collectively “Debtors” or “Nowlins,” and individually as “Gordon” and “Roseanne”)…

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