Legal Opinion

Alsop v. Alaska, Commissioner of Revenue for the Public Employees Retirement Fund (In Re Alsop)

District Court, D. Alaska

Decided May 5, 1982No. A 81-545 CivilPublishedCited by 24 opinions

1Opinion of the Court

MEMORANDUM AND ORDER

FITZGERALD, District Judge.

This appeal presents a single issue of law: does a non-judicial foreclosure of a deed of trust constitute a transfer within the meaning of 11 U.S.C. § 101? The bankruptcy judge held that it does not and this appeal followed. The facts of the case are not in dispute and are well set out in the decision of the bankruptcy judge. 14 B.R. 982. This court has jurisdiction under 28 U.S.C. § 1334.

Appellants rely on two recent cases from the Fifth Circuit, Abramson v. Lakewood Bank and Trust Co., 647 F.2d 547 (5th Cir. 1981), and Durrett v. Washington…

2Cases cited4 opinions

  1. J. W. Durrett, Sr. v. The Washington National Insurance Co.Court of Appeals for the Fifth Circuit · 1980
  2. Harold C. Abramson, Trustee v. Lakewood Bank and Trust CompanyCourt of Appeals for the Fifth Circuit · 1981
  3. Alsop v. Alaska (In Re Alsop)United States Bankruptcy Court, D. Alaska · 1981
  4. Evans v. Valley West Shopping Center, Inc.Court of Appeals for the Ninth Circuit · 1978

3Cited by24 opinions

  1. In the Matter of Winshall Settlor's Trust, Julie Winshall, Trustee, Debtor-AppellantCourt of Appeals for the Sixth Circuit · 1985
  2. In Re Judith Lynne Madrid, Debtor. Judith Lynne Madrid v. Lawyers Title Insurance Corp., and Donald TurneyCourt of Appeals for the Ninth Circuit · 1984
  3. Gillman v. Preston Family Investment Co. (In Re Richardson)United States Bankruptcy Court, D. Utah · 1982
  4. Bauman v. DayAlaska Supreme Court · 1995
  5. Butler, Bernard, Butler, Mary v. Lomas and Nettleton Company, the Secretary of Housing and Urban Development, Appeal of Lomas and Nettleton CompanyCourt of Appeals for the Third Circuit · 1988

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