New Yorketown Associates v. Pierce, Urstadt, Mayer & Greer, Inc. (In Re New Yorketown Associates)
United States Bankruptcy Court, E.D. Pennsylvania
1Opinion of the Court
OPINION
EMIL F. GOLDHABER, Bankruptcy Judge:
The predominant issue in the controversy before us is whether a debtor may set aside a sheriffs sale under 11 U.S.C. § 548 of the Bankruptcy Code (“the Code”) when that sale occurred within one year prior to the filing of the bankruptcy petition and generated less than a reasonable equivalent value for the property. For the reasons set forth below, we hold that while the sheriffs sale may be set aside under § 548 in a proper case, this is not such a case. Accordingly, we will dismiss the complaint.
The facts of the case at bench are as follows: 1 New…
2Cases cited21 opinions
- Thompson v. FairbanksSupreme Court of the United States · 1905
- J. W. Durrett, Sr. v. The Washington National Insurance Co.Court of Appeals for the Fifth Circuit · 1980
- In Re Judith Lynne Madrid, Debtor. Judith Lynne Madrid v. Lawyers Title Insurance Corp., and Donald TurneyCourt of Appeals for the Ninth Circuit · 1984
- Beaver County Building & Loan Ass'n v. WinowichSupreme Court of Pennsylvania · 1936
- Gillman v. Preston Family Investment Co. (In Re Richardson)United States Bankruptcy Court, D. Utah · 1982
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3Cited by10 opinions
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- In Re UphamUnited States Bankruptcy Court, W.D. New York · 1985
- Brasby v. Joseph C. Perry, Inc. (In Re Brasby)United States Bankruptcy Court, E.D. Pennsylvania · 1990
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