In In re O’Connor, the U.S. Bankruptcy Court for the Western District of Pennsylvania was called on earlier this year to decide whether information contained in the debtors’ bankruptcy schedules could provide constructive notice to the trustee, thereby destroying the trustee’s status as a bona fide purchaser under § 544(a) of the Bankruptcy Code.
According to the bankruptcy court’s opinion in the case, Gregory and Kathryn O’Connor filed a Chapter 7 bankruptcy petition on Sept. 9, 2009, (the petition date). On the same day, the O’Connors caused O’Connor Contracting, Inc. and KOG, two entities wholly owned by the O’Connors, to file Chapter 7 bankruptcy petitions. The O’Connors owned their personal residence (their sole real property asset), which was also the address used for O’Connor Contracting Inc. and KOG.
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