Legal Opinion
In Re Upham
United States Bankruptcy Court, W.D. New York
Decided April 30, 1985No. 2-15-20006PublishedCited by 19 opinions
1Opinion of the Court
MEMORANDUM AND DECISION
EDWARD D. HAYES, Bankruptcy Judge.
The bank, which has foreclosed a mortgage upon the debtors’ real property, moved for a declaratory judgment asking this Court to determine whether the transfer of the deed and completion of the foreclosure sale of the real property was barred by the stay of 11 U.S.C. § 362(a) and to determine whether the sale was a fraudulent transfer in violation of 11 U.S.C. § 548. A hearing was held and briefs have been submitted at the Court’s request covering the two issues set forth above.
The facts in this case are not in dispute. The debtors…
2Cases cited4 opinions
- J. W. Durrett, Sr. v. The Washington National Insurance Co.Court of Appeals for the Fifth Circuit · 1980
- In Re ButchmanUnited States Bankruptcy Court, S.D. New York · 1980
- In Re SmithUnited States Bankruptcy Court, W.D. New York · 1980
- New Yorketown Associates v. Pierce, Urstadt, Mayer & Greer, Inc. (In Re New Yorketown Associates)United States Bankruptcy Court, E.D. Pennsylvania · 1984
3Cited by19 opinions
- General Industries, Inc. v. Shea (In Re General Industries, Inc.)United States Bankruptcy Court, D. Massachusetts · 1987
- Verna v. Dorman (In Re Verna)United States Bankruptcy Court, C.D. California · 1986
- In Re CorbettUnited States Bankruptcy Court, E.D. Pennsylvania · 1987
- Pruitt v. Gramatan Investors Corp. (In Re Pruitt)United States Bankruptcy Court, E.D. New York · 1987
- Adwar v. Capgro Leasing Corp. (In Re Adwar)United States Bankruptcy Court, E.D. New York · 1985
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