IN RE FRASIER

Bankruptcy No. 381-04080, Adv. No. 384-0393.

47 B.R. 864 (1985)

In re Clarence Joseph FRASIER, Debtor. T. Larry EDMONDSON, Trustee, Plaintiff, v. Clarence Joseph FRASIER and Margery Frasier, Defendants.

United States Bankruptcy Court, M.D. Tennessee.

April 2, 1985.


Attorney(s) appearing for the Case

Peter V. Hall, Murfreesboro, Tenn., for Clarence Frasier.

Dicken E. Kidwell, Murfreesboro, Tenn., for Margery Frasier.

T. Larry Edmondson, Nashville, Tenn., for trustee.


MEMORANDUM

KEITH M. LUNDIN, Bankruptcy Judge.

The issue presented is whether a trustee can assert his status as a hypothetical lien creditor or bona fide purchaser under § 544 to defeat the ownership rights of the debtor's former spouse claiming pursuant to an unrecorded divorce decree where the trustee's complaint is filed after two years after the date of the bankruptcy petition. Because the trustee did not commence this action within the time requirement...

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