Legal Opinion

New Yorketown Associates v. Pierce, Urstadt, Mayer & Greer, Inc. (In Re New Yorketown Associates)

United States Bankruptcy Court, E.D. Pennsylvania

Decided May 23, 1984No. 18-18483PublishedCited by 10 opinions

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

  1. Thompson v. FairbanksSupreme Court of the United States · 1905
  2. J. W. Durrett, Sr. v. The Washington National Insurance Co.Court of Appeals for the Fifth Circuit · 1980
  3. In Re Judith Lynne Madrid, Debtor. Judith Lynne Madrid v. Lawyers Title Insurance Corp., and Donald TurneyCourt of Appeals for the Ninth Circuit · 1984
  4. Beaver County Building & Loan Ass'n v. WinowichSupreme Court of Pennsylvania · 1936
  5. Gillman v. Preston Family Investment Co. (In Re Richardson)United States Bankruptcy Court, D. Utah · 1982

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3Cited by10 opinions

  1. Cole v. Sovran Mortgage Corp. (In Re Cole)United States Bankruptcy Court, E.D. Pennsylvania · 1988
  2. In Re CorbettUnited States Bankruptcy Court, E.D. Pennsylvania · 1987
  3. Butler v. Lomas & Nettleton Co. (In Re Butler)United States Bankruptcy Court, E.D. Pennsylvania · 1987
  4. In Re UphamUnited States Bankruptcy Court, W.D. New York · 1985
  5. Brasby v. Joseph C. Perry, Inc. (In Re Brasby)United States Bankruptcy Court, E.D. Pennsylvania · 1990

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

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