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Davis v. Pham (In re Nguyen)

United States Bankruptcy Appellate Panel of the Tenth Circuit.
May 9, 2014
514 B.R. 719 (B.A.P. 10th Cir. 2014)

Opinion

BAP No. KS–13–002. Bankruptcy No. 09–11640. Adversary No. 11–05027.

2014-05-9

In re Tung Thanh NGUYEN and Pamela S. Nguyen, Debtors. Carl B. Davis, Trustee, Plaintiff–Appellant, v. Thi Pho Pham, Noel Esplund, and Lisa Dang, Defendants–Appellees.


Trustee has not demonstrated that the bankruptcy court committed error in finding Debtor held only bare legal title in the Property, with the equitable interest in an implied trust for Mother's benefit. Since Debtor's transfer of bare legal title to Sister is not one that can be avoided pursuant to § 548, we AFFIRM the bankruptcy court's order denying Trustee's complaint.


Summaries of

Davis v. Pham (In re Nguyen)

United States Bankruptcy Appellate Panel of the Tenth Circuit.
May 9, 2014
514 B.R. 719 (B.A.P. 10th Cir. 2014)
Case details for

Davis v. Pham (In re Nguyen)

Case Details

Full title:In re Tung Thanh NGUYEN and Pamela S. Nguyen, Debtors. Carl B. Davis…

Court:United States Bankruptcy Appellate Panel of the Tenth Circuit.

Date published: May 9, 2014

Citations

514 B.R. 719 (B.A.P. 10th Cir. 2014)

Citing Cases

Davis v. Hoa Thi Pham (In re Tung Thanh Nguyen)

The BAP disagreed with Davis and concluded that the Kansas Supreme Court's subsequent statements in Blevins,…