Legal Opinion

First Federal Savings & Loan Ass'n of Bismarck, Inc. v. Hulm

Court of Appeals for the Eighth Circuit

Decided July 5, 1984No. Nos. 83-2060, 83-2085 and 83-2143PublishedCited by 11 opinions

1Opinion of the Court

FAGG, Circuit Judge.

The questions in this case are (1) whether a foreclosure of a mortgage pursuant to the North Dakota statutory scheme, involving a judicial foreclosure sale and issuance of a sheriff’s deed following expiration of a redemption period, effects a transfer of an interest of the debtor in property within the meaning of 11 U.S.C. § 548(a), which permits the bankruptcy trustee to avoid a fraudulent transfer of an interest of the debtor in property, and, if *325so, (2) whether absent improprieties the price received for property at a judicial foreclosure sale provides a reasonably…

2Cases cited10 opinions

  1. Butner v. United StatesSupreme Court of the United States · 1979
  2. Johnson v. First National Bank Of MontevideoCourt of Appeals for the First Circuit · 1983
  3. McKenzie v. Irving Trust Co.Supreme Court of the United States · 1945
  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. Lawyers Title Insurance Corp. v. Madrid (In Re Madrid)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1982

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3Cited by11 opinions

  1. United States v. James A. Rawle, Jr.Court of Appeals for the Fourth Circuit · 1988
  2. 11 Collier bankr.cas.2d 152, Bankr. L. Rep. P 69,924 in Re Theodore George Hulm, A/K/A Ted Hulm, Debtor. First Federal Savings & Loan Association of Bismarck, Inc. v. Theodore George Hulm, A/K/A Ted Hulm, First Federal Savings & Loan Association of Bismarck, Inc. v. Theodore G. Hulm, A/K/A Ted Hulm, in Re Theodore George Hulm, A/K/A Ted Hulm, Debtor. First Federal Savings & Loan Association of Bismarck, Inc. v. Theodore George Hulm, A/K/A Ted Hulm, First Federal Savings & Loan Association of Bismarck, Inc. v. Theodore G. Hulm, A/K/A Ted Hulm, in Re Theodore George Hulm, A/K/A Ted Hulm, Debtor. First Federal Savings & Loan Association of Bismarck, Inc. v. Theodore George Hulm, A/K/A Ted Hulm. First Federal Savings & Loan Association of Bismarck, Inc. v. Tom A. Brigham, TrusteeCourt of Appeals for the First Circuit · 1984
  3. Malone v. Fidelity National Bank (In Re Dunn)United States Bankruptcy Court, M.D. Louisiana · 1985
  4. In Re RistichUnited States Bankruptcy Court, N.D. Illinois · 1986
  5. Grissom v. Johnson (In re Grissom)Court of Appeals for the Eleventh Circuit · 1992

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