Legal Opinion

Barrett v. Commonwealth Federal Savings & Loan Ass'n (In Re Barrett)

United States Bankruptcy Court, E.D. Pennsylvania

Decided April 27, 1990No. 14-11684PublishedCited by 8 opinions

1Opinion of the Court

OPINION

DAVID A. SCHOLL, Bankruptcy Judge.

A. INTRODUCTION

On appeal from our Adjudication and Order of August 17, 1989, reported at 104 B.R. 688, deciding this adversary proceeding, the district court affirmed all aspects of our decision except our determination that the pre-petition sheriff’s sale of December 5,1988, of the Debtor’s home which we found had yielded less than seventy (70%) percent of the home’s value met the Debtor’s 1 burden of proving that the sale was a transfer of the home for “less than a reasonably equivalent value” and thus avoidable under 11 U.S.C. §§ 548(a)(2)(A) and…

2Cases cited32 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 Winshall Settlor's Trust, Julie Winshall, Trustee, Debtor-AppellantCourt of Appeals for the Sixth Circuit · 1985
  3. In Re Judith Lynne Madrid, Debtor. Judith Lynne Madrid v. Lawyers Title Insurance Corp., and Donald TurneyCourt of Appeals for the Ninth Circuit · 1984
  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. In Re Rock Industries MacHinery Corp., F/k/a Lippmann, Inc., Bankrupt. Appeal of Litton Systems, IncCourt of Appeals for the Seventh Circuit · 1978

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3Cited by8 opinions

  1. 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
  2. Cole v. Cenlar Federal Savings Bank (In Re Cole)United States Bankruptcy Court, E.D. Pennsylvania · 1991
  3. Shields v. Secretary of Veterans Affairs (In Re Shields)United States Bankruptcy Court, E.D. Pennsylvania · 1993
  4. In Re BarrettUnited States Bankruptcy Court, E.D. Pennsylvania · 1992
  5. In Re FrickerUnited States Bankruptcy Court, E.D. Pennsylvania · 1990

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