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Legal Opinion

Gutierrez v. Lomas Mortgage (In Re Gutierrez)

United States Bankruptcy Court, W.D. Texas

Decided October 29, 1993No. 19-30310PublishedCited by 9 opinions

1Opinion of the Court

OPINION

RONALD B. KING, Bankruptcy Judge.

This is, an action to avoid a fraudulent transfer under section 548 of the Bankruptcy Code. 1 The Debtors seek to set aside a foreclosure sale of their homestead, claiming that the price paid at the foreclosure sale did not constitute “reasonably equivalent value” under section 548(a)(2)(A).

Citicorp Acceptance Corporation (Citi-corp), the mortgagee, conducted a nonjudicial foreclosure sale of the Debtors’ homestead on December 1,1992. Citicorp bid $27,000 at the sale, leaving a note deficiency of $7,335.95, which Citicorp later waived. Only Citicorp bid…

2Cases cited19 opinions

  1. Grogan v. GarnerSupreme Court of the United States · 1991
  2. J. W. Durrett, Sr. v. The Washington National Insurance Co.Court of Appeals for the Fifth Circuit · 1980
  3. In the Matter of Winshall Settlor's Trust, Julie Winshall, Trustee, Debtor-AppellantCourt of Appeals for the Sixth Circuit · 1985
  4. In the Matter of Donald Eugene Bundles, Debtor-Appellant. In Re Donald Eugene Bundles v. William J. Baker, Indiana National Bank and James C. WellsCourt of Appeals for the Seventh Circuit · 1988
  5. Federal Deposit Insurance Corporation, in Its Corporate Capacity v. Henry H. BlantonCourt of Appeals for the Fifth Circuit · 1991

14 more not listed; retrieve them via the Exa API.

3Cited by9 opinions

  1. Berland v. Mussa (In Re Mussa)United States Bankruptcy Court, N.D. Illinois · 1997
  2. In Re WRT Energy Corp.United States Bankruptcy Court, W.D. Louisiana · 2001
  3. Lowe v. B.R.B. Enterprises, Ltd. (In Re Calvillo)District Court, W.D. Texas · 2000
  4. WRT Creditors Liquidation Trust v. WRT Bankruptcy Litigation Master File (In re WRT Energy Corp.)United States Bankruptcy Court, W.D. Louisiana · 2001
  5. McKeever v. McClandon (In McKeever)United States Bankruptcy Court, N.D. Illinois · 1994

4 more not listed; retrieve them via the Exa API.

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