Legal Opinion

Adwar v. Capgro Leasing Corp. (In Re Adwar)

United States Bankruptcy Court, E.D. New York

Decided October 22, 1985No. 8-19-70759PublishedCited by 21 opinions

1Opinion of the Court

DECISION AND ORDER

ROBERT JOHN HALL, Bankruptcy Judge.

This matter came to be heard upon the motion of Capgro Leasing, Birchwood Associates, and Cars Unlimited, (hereafter defendants), for summary judgment in this Chapter 13 adversary proceeding. Defendants’ motion seeks to set aside debtors’ complaint that defendants’ purchase of debtors’ home at a foreclosure sale was a fraudulent conveyance. Défendants argued that since they paid the “reasonably equivalent value” of the property, the purchase was not a fraudulent conveyance. The court rejects defendants’ arguments because questions of…

2Cases cited25 opinions

  1. J. W. Durrett, Sr. v. The Washington National Insurance Co.Court of Appeals for the Fifth Circuit · 1980
  2. In the Matter of Gerald J. Ross, Also Known as Jerry Ross, Bankrupt. Gerald J. RossCourt of Appeals for the Third Circuit · 1979
  3. Rubin v. Manufacturers Hanover Trust Co.Court of Appeals for the Second Circuit · 1981
  4. In Re Judith Lynne Madrid, Debtor. Judith Lynne Madrid v. Lawyers Title Insurance Corp., and Donald TurneyCourt of Appeals for the Ninth Circuit · 1984
  5. Samuel A. Haize, D/B/A "Marlene Store" v. Hanover Insurance Co. And Caribbean Atlantic InsuranceCourt of Appeals for the Third Circuit · 1976

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3Cited by21 opinions

  1. Balaber-Strauss v. Sixty-Five Brokers (In Re Churchill Mortgage Investment Corp.)United States Bankruptcy Court, S.D. New York · 2000
  2. 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
  3. General Industries, Inc. v. Shea (In Re General Industries, Inc.)United States Bankruptcy Court, D. Massachusetts · 1987
  4. Thomas J. Barrett and Sharon B. Barrett v. Commonwealth Federal Savings and Loan Association, Robert J. Gunn, and John Green, SheriffCourt of Appeals for the Third Circuit · 1991
  5. Pruitt v. Gramatan Investors Corp. (In Re Pruitt)United States Bankruptcy Court, E.D. New York · 1987

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