Legal Opinion
Bartl v. Twardy (In re Claxton)
District Court, E.D. Virginia
Decided August 8, 1983No. Bankruptcy No. 79-684-APublishedCited by 2 opinions
1Opinion of the Court
MEMORANDUM OPINION
MARTIN V.B. BOSTETTER, Jr., Bankruptcy Judge.
In this action, Richard A. Bartl, Receiver in Bankruptcy1, (hereafter “the Trustee”) seeks to avoid a deed of trust in the amount of $20,000.00 executed by the bankrupt to secure a promissory note to defendant Edward M. Waibel (“Waibel”). The basis for the Trustee’s complaint is the allegation that the deed of trust is a voidable preference under Section 60a of the Bankruptcy Act of 1898 (“the Act”)2.
The property securing the deed of trust is part of a seven-acre tract, formerly the residence of the bankrupt, located in McLean,…
2Cases cited12 opinions
- In Re AughenbaughCourt of Appeals for the Third Circuit · 1942
- Gratiot County State Bank v. Johnson Ex Rel. St. Louis Chemical Co.Supreme Court of the United States · 1919
- Matter of HarlandUnited States Bankruptcy Court, D. Nebraska · 1980
- Hadar Leasing International Co. v. D.H. Overmyer Telecasting Co. (In Re D.H. Overmyer Telecasting Co.)United States Bankruptcy Court, N.D. Ohio · 1982
- In Re Ponn Realty TrustUnited States Bankruptcy Court, D. Massachusetts · 1980
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3Cited by2 opinions
- Chase Manhattan Bank, N.A. v. Dent (In Re Trans Air, Inc.)United States Bankruptcy Court, S.D. Florida. · 1988
- Matter of ClaxtonUnited States Bankruptcy Court, E.D. Virginia · 1983