Legal Opinion
Esposito v. Title Insurance Co. (In Re Fernwood Markets)
United States Bankruptcy Court, E.D. Pennsylvania
Decided May 22, 1987No. 19-11688PublishedCited by 20 opinions
1Opinion of the Court
OPINION
DAVID A. SCHOLL, Bankruptcy Judge.
The matters before us to be decided are (1) Whether a sale of real property which took place on March 25, 1986, per a court order which authorized the sale pursuant to 11 U.S.C. § 363(b), and which was contemplated by the Debtor’s confirmed Chapter 11 Plan, is valid as to a judgment creditor who allegedly received no notice of the sale; and (2) If the sale is invalid, what effect will this have on the sale?
We hold that the sale is voidable, at the option of the creditor, because he failed to receive adequate notice of the sale as required by 11 U.S.C.…
2Cases cited13 opinions
- Mullane v. Central Hanover Bank & Trust Co.Supreme Court of the United States · 1950
- In re Abbotts Dairies of Pennsylvania, Inc.Court of Appeals for the Third Circuit · 1986
- Ray v. NorseworthySupreme Court of the United States · 1875
- In Re ClarkUnited States Bankruptcy Court, E.D. Pennsylvania · 1987
- Factors' & Traders' Insurance v. MurphySupreme Court of the United States · 1884
8 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- In the Matter of Arlo B. Edwards, Debtor-Appellee. Appeal of Golden Guernsey Dairy Co-OpCourt of Appeals for the Seventh Circuit · 1992
- In Re Industrial Valley Refrigeration & Air Conditioning Supplies, Inc.United States Bankruptcy Court, E.D. Pennsylvania · 1987
- Citicorp Mortgage, Inc. v. Brooks (In Re Ex-Cel Concrete Co.)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1995
- In Re Weisser Eyecare, Inc.United States Bankruptcy Court, N.D. Illinois · 2000
- In Re FA Potts & Co., Inc.United States Bankruptcy Court, E.D. Pennsylvania · 1988
15 more not listed; retrieve them via the Exa API.