Federal National Mortgage Ass'n v. McGowan (In Re McGowan)

OPINION

EMIL F. GOLDHABER, Bankruptcy Judge:

The issue at bench is whether a sheriff’s sale of the debtors’ residence in Chester County is valid pursuant to § 549(c) of the Bankruptcy Code (“the Code”) notwithstanding the fact that the sale occurred after the debtors had filed a petition for an adjustment of their debts under chapter 13 of the Code. We conclude that the sale is valid under § 549(c) because it was perfected before a copy of the debtors’ petition was filed in the Office of the Recorder of Deeds of Chester County.

The facts of the instant case are as follows: 1 On January 9, 1979,…