Legal Opinion
Ryker v. Current (In Re Ryker)
United States Bankruptcy Court, D. New Jersey
Decided February 8, 2002No. 19-12142PublishedCited by 3 opinions
1Opinion of the Court
OPINION
NOVALYN L. WINFIELD, Bankruptcy Judge.
INTRODUCTION
This issue presently before the Court is whether a pre-petition sheriffs sale may be avoided as a fraudulent conveyance pursuant to 11 U.S.C. § 548(a)(1)(B) because the Notice of Sale was inaccurate. The Debtor contends that the allegedly defective notice amounted to such an irregularity that the price received on the day of the sale was not reasonably equivalent to the property’s actual value. After consideration of the undisputed facts and the pertinent statutory and case authority, this Court finds in favor of the Debtor for the…
2Cases cited19 opinions
- Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
- Matsushita Electric Industrial Co., Ltd. v. Zenith Radio CorporationSupreme Court of the United States · 1986
- United States v. Diebold, Inc.Supreme Court of the United States · 1962
- BFP v. Resolution Trust CorporationSupreme Court of the United States · 1994
- Federal Title, C., Guaranty Co. v. LowensteinNew Jersey Court of Chancery · 1933
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3Cited by3 opinions
- Ryker v. Current (In Re Ryker)United States Bankruptcy Court, D. New Jersey · 2004
- Ryker v. CurrentDistrict Court, D. New Jersey · 2006
- GE CAPITAL MORTG. SERV., INC. v. MarilaoNew Jersey Superior Court Appellate Division · 2002