In re Kasparek, 426 B.R. 332 (B.A.P. 10th Cir. 2010)

(bankruptcy trustee brought adversary action to sell 80 acres of farmland in which debtor was a joint tenant with his brother and their father; father's funds were used to buy the land and sons' names put on deed as surviving joint tenants merely for estate planning purposes; trial court held that debtor's bankruptcy estate has no interest in the land for purposes of 11 U.S.C. Sec. 363(h) and that 11 U.S.C. Sec. 541(d) limits estate's interest to debtor's bare legal title; strong-arm powers of 11 U.S.C. Sec. 544(a)(3) are limited to recovery of transfers made by a debtor and do not include recovery of an equitable interest in real property held by debtor's father as joint tenant; even assuming 11 U.S.C. Sec. 544(a) would allow the avoidance of equitable interests, trustee has notice of father's equitable interest and is not a bona fide purchaser for value who could purchase debtor's interest in the land free of the father's interest - thus, trustee could not sell property under 11 U.S.C. Sec. 363(h); case reversed on appeal - Sec. 544(a)(3) does not limit trustee's powers to avoiding transfers that debtor makes, and trustee has all rights and powers of a bona fide purchaser, and trustee had no constructive or implied notice that debtor held his undivided one-third interest in property for benefit of another person).