Legal Opinion
Ehring v. Western Community Moneycenter (In re Ehring)
Court of Appeals for the Ninth Circuit
Decided April 3, 1990No. 88-6564PublishedCited by 5 opinions
1Opinion of the Court
FARRIS, Circuit Judge:
Ehring appeals the Bankruptcy Appellate Panel’s decision that the purchase and resale of Ehring’s house, by his secured creditor at a pre-petition, nonjudicial, noncollu-sive foreclosure sale was not a transfer for purposes of 11 U.S.C. § 547(b) and thus not an avoidable preference, even though the creditor, from the resale, netted $110,000 more than the outstanding debt. 91 B.R. 897.
We affirm.
ISSUES
This case raises an issue of first impression:
Did the purchase of real property security at a noncollusive, nonjudicial foreclosure sale by the secured creditor, within 90…
2Cases cited7 opinions
- McKenzie v. Irving Trust Co.Supreme Court of the United States · 1945
- In Re Judith Lynne Madrid, Debtor. Judith Lynne Madrid v. Lawyers Title Insurance Corp., and Donald TurneyCourt of Appeals for the Ninth Circuit · 1984
- Verna v. Dorman (In Re Verna)United States Bankruptcy Court, C.D. California · 1986
- Ehring v. Western Community Moneycenter (In Re Ehring)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1988
- Christian v. Ryan (In Re Christian)District Court, D. Colorado · 1985
2 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Rambo v. Chase Manhattan Mortgage Corp. (In Re Rambo)United States Bankruptcy Court, E.D. Pennsylvania · 2003
- Financial Center Associates of East Meadow, L.P. v. TNE Funding Corp. (In Re Financial Center Associates of East Meadow, L.P.)United States Bankruptcy Court, E.D. New York · 1992
- Chase Manhattan Bank Ex Rel. IMC Home Equity Trust 1997-6 v. Pulcini (In Re Pulcini)United States Bankruptcy Court, W.D. Pennsylvania · 2001
- In Re EhringCourt of Appeals for the Ninth Circuit · 1990
- Wilson v. US Bank, NA Successor Trustee to Lasalle Bank, NAUnited States Bankruptcy Court, District of Columbia · 2020