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Legal Opinion

Ruebeck v. Attleboro Savings Bank (In Re Ruebeck)

United States Bankruptcy Court, D. Massachusetts

Decided November 14, 1985No. 19-40135PublishedCited by 22 opinions

1Opinion of the Court

MEMORANDUM ON FORECLOSURE AS A FRAUDULENT CONVEYANCE

HAROLD LAVIEN, Bankruptcy Judge.

Can a foreclosure sale conducted in accordance with applicable state law be a fraudulent conveyance under 11 U.S.C. § 548(a)(2)(A) and (B)(i)? This is a case of first impression within this district. However, the questions presented in this case have been considered in other districts. To date, the courts, district and circuit, that have considered this question, are divided. Certain circuits follow the line of reasoning articulated in Durrett v. Washington National Insurance Company, 621 F.2d 201 (5th…

2Cases cited51 opinions

  1. Mullane v. Central Hanover Bank & Trust Co.Supreme Court of the United States · 1950
  2. Northern Pipeline Construction Co. v. Marathon Pipe Line Co.Supreme Court of the United States · 1982
  3. Flagg Bros., Inc. v. BrooksSupreme Court of the United States · 1978
  4. Memphis Light, Gas & Water Division v. CraftSupreme Court of the United States · 1978
  5. J. W. Durrett, Sr. v. The Washington National Insurance Co.Court of Appeals for the Fifth Circuit · 1980

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

3Cited by22 opinions

  1. 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
  2. General Industries, Inc. v. Shea (In Re General Industries, Inc.)United States Bankruptcy Court, D. Massachusetts · 1987
  3. Tome v. Baer (In Re Tome)United States Bankruptcy Court, C.D. California · 1990
  4. Thomas J. Barrett and Sharon B. Barrett v. Commonwealth Federal Savings and Loan Association, Robert J. Gunn, and John Green, SheriffCourt of Appeals for the Third Circuit · 1991
  5. Resolution Trust Corp v. CarrCourt of Appeals for the First Circuit · 1993

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

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