Legal Opinion

In Re Judith Lynne Madrid, Debtor. Judith Lynne Madrid v. Lawyers Title Insurance Corp., and Donald Turney

Court of Appeals for the Ninth Circuit

Decided February 13, 1984No. 82-4433PublishedCited by 124 opinions

1Opinion of the Court

TANG, Circuit Judge:

The sole question before us is whether the nonjudicial foreclosure sale of appellant’s home may be set aside under 11 U.S.C. § 548(a) of the Bankruptcy Code. The bankruptcy court, 10 B.R. 796, set aside the sale, finding that a “transfer” occurred at the foreclosure and that less than reasonably equivalent value was paid to the debt- or. The Bankruptcy Appellate Panel, 21 B.R. 424, reversed, holding that reasonably equivalent value is paid as a matter of law when there is a regularly conducted foreclosure sale.

We agree that the foreclosure sale cannot be set aside, but do…

2Cases cited19 opinions

  1. J. W. Durrett, Sr. v. The Washington National Insurance Co.Court of Appeals for the Fifth Circuit · 1980
  2. McKenzie v. Irving Trust Co.Supreme Court of the United States · 1945
  3. Lawyers Title Insurance Corp. v. Madrid (In Re Madrid)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1982
  4. R. Anthony Dubay v. Everette H. Williams, Everette H. Williams v. Rose City Development Co., Inc., Robert J. Davis v. Everette H. WilliamsCourt of Appeals for the Ninth Circuit · 1969
  5. Golden v. TomiyasuNevada Supreme Court · 1963

14 more not listed; retrieve them via the Exa API.

3Cited by124 opinions

  1. BFP v. Resolution Trust CorporationSupreme Court of the United States · 1994
  2. In the Matter of Winshall Settlor's Trust, Julie Winshall, Trustee, Debtor-AppellantCourt of Appeals for the Sixth Circuit · 1985
  3. 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
  4. Mark St. Angelo, Acting U.S. Trustee for Region 17 v. Victoria Farms, Inc.Court of Appeals for the Ninth Circuit · 1994
  5. The Estate Construction Company v. Miller & Smith Holding Company, IncorporatedCourt of Appeals for the Fourth Circuit · 1994

119 more not listed; retrieve them via the Exa API.

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