Legal Opinion

Serra Builders, Inc. v. John Hanson Savings Bank, FSB (In re Serra Builders, Inc.)

District Court, D. Maryland

Decided May 14, 1991No. Bankruptcy No. 90-5-3631-JS; Adv. No. A90-0485-JSPublishedCited by 2 opinions

1Opinion of the Court

MEMORANDUM OPINION DISMISSING COMPLAINT TO AVOID FRAUDULENT TRANSFER

JAMES F. SCHNEIDER, Bankruptcy Judge.

The instant complaint was brought by the Chapter 11 debtor in this case to set aside a foreclosure sale of real property as a fraudulent conveyance which occurred within 90 days before the bankruptcy petition was filed. The defendants are the bank which foreclosed on the mortgage secured by the debtor’s real estate and the buyers who purchased the property at a public auction by tendering the highest bid. The parties have submitted the case for decision upon the following agreed statement…

2Cases cited25 opinions

  1. J. W. Durrett, Sr. v. The Washington National Insurance Co.Court of Appeals for the Fifth Circuit · 1980
  2. Baetjer v. United StatesCourt of Appeals for the First Circuit · 1944
  3. Matter of Board of Water Supply of New YorkNew York Court of Appeals · 1938
  4. Syracuse Engineering Co. v. HaightCourt of Appeals for the Second Circuit · 1940
  5. Whitlow v. Commissioner of Internal RevenueCourt of Appeals for the Eighth Circuit · 1936

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3Cited by2 opinions

  1. In Re: Serra Builders, Incorporated, Debtor. Serra Builders, Incorporated v. John Hanson Savings Bank Fsb J. Ronald Roth Carol P. RothCourt of Appeals for the Fourth Circuit · 1992
  2. Anyanwutaku v. Fleet Mortgage Group, Inc.District Court, D. Maryland · 2000

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