Legal Opinion

Rosner v. Worcester (In Re Worcester)

United States Bankruptcy Court, C.D. California

Decided April 8, 1983No. Bankruptcy No. LA 82-04088-JD, Adv. No. 82-2635-JDPublishedCited by 7 opinions

1Opinion of the Court

JAMES R. DOOLEY, Bankruptcy Judge.

The basic question addressed in this Opinion is whether a nonjudicial foreclosure sale may be set aside, under 11 U.S.C. § 548 or under other provisions of law, where the foreclosure sale price of the property was greatly below its fair market value and where both the Notice of Sale and the Trustee’s Deed described two parcels of property while only one parcel was encompassed in the beneficiaries’ lien. Additional questions concerning the liability of the counter-defendants will be discussed in a supplemental Opinion.

FACTS

On or about November 7,1977 the…

2Cases cited20 opinions

  1. J. W. Durrett, Sr. v. The Washington National Insurance Co.Court of Appeals for the Fifth Circuit · 1980
  2. Lawyers Title Insurance Corp. v. Madrid (In Re Madrid)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1982
  3. Harold C. Abramson, Trustee v. Lakewood Bank and Trust CompanyCourt of Appeals for the Fifth Circuit · 1981
  4. James Riggs, Trustee in Bankruptcy v. Government Employees Financial Corporation, Etc.Court of Appeals for the Ninth Circuit · 1980
  5. Home Life Insurance Co. v. Jones (In Re Jones)United States Bankruptcy Court, E.D. Pennsylvania · 1982

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3Cited by7 opinions

  1. Williams v. United Investment Corp. (In Re Williams)United States Bankruptcy Court, C.D. California · 1991
  2. In Re Norma E. Worcester, Debtor. Irving Rosner and William Little v. Norma E. Worcester, Norma E. Worcester, Counter-Claimant v. Irving Rosner, Counter-DefendantsCourt of Appeals for the Ninth Circuit · 1987
  3. New Yorketown Associates v. Pierce, Urstadt, Mayer & Greer, Inc. (In Re New Yorketown Associates)United States Bankruptcy Court, E.D. Pennsylvania · 1984
  4. Frank v. Berlin (In Re Frank)United States Bankruptcy Court, E.D. New York · 1984
  5. Moore v. Gilmore (In Re Gilmore)District Court, E.D. Washington · 1983

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