Legal Opinion
Willis v. Borg-Warner Acceptance Corp. (In Re Willis)
District Court, S.D. Texas
Decided March 21, 1985No. Bankruptcy No. 83-04265-H3-3, Adversary No. 84-0157-H3, No. MBH-85-258PublishedCited by 26 opinions
1Opinion of the Court
MEMORANDUM OPINION AND ORDER
RANDALL, Circuit Judge: *
This matter, before the court on the parties’ cross-motions for summary judgment, poses the issue whether the debtors may avoid the nonjudicial foreclosure sale of their residence as a fraudulent transfer under 11 U.S.C. § 548. Because the chapter 13 debtors have standing to bring the action, and because the involuntary sale, held within one year of the filing of the petition by the insolvent debtors was for less than a reasonably equivalent value, the sale constituted constructive fraud and may be avoided. Accordingly, the debtors’ motion…
2Cases cited40 opinions
- In Re Joseph C. Taddeo and Ellen A. Taddeo, Debtors. Elfriede Di Pierro v. Joseph C. Taddeo and Ellen A. Taddeo and Richard J. McCord Interim TrusteeCourt of Appeals for the Second Circuit · 1982
- J. W. Durrett, Sr. v. The Washington National Insurance Co.Court of Appeals for the Fifth Circuit · 1980
- Holcomb v. LorinoTexas Supreme Court · 1935
- In Re Judith Lynne Madrid, Debtor. Judith Lynne Madrid v. Lawyers Title Insurance Corp., and Donald TurneyCourt of Appeals for the Ninth Circuit · 1984
- Haginas v. Malbis Memorial FoundationTexas Supreme Court · 1962
35 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- Einoder v. Mount Greenwood Bank (In Re Einoder)United States Bankruptcy Court, N.D. Illinois · 1985
- Realty Portfolio, Inc. v. HamiltonCourt of Appeals for the Fifth Circuit · 1997
- Federal Deposit Insurance Corporation, in Its Corporate Capacity v. Henry H. BlantonCourt of Appeals for the Fifth Circuit · 1991
- Pajaro Dunes Rental Agency, Inc. v. Spitters (In Re Pajaro Dunes Rental Agency, Inc.)United States Bankruptcy Court, N.D. California · 1994
- McKeever v. McClandon (In Re McKeever)United States Bankruptcy Court, N.D. Illinois · 1991
21 more not listed; retrieve them via the Exa API.