IN RE BAIN

No. 75-1480.

527 F.2d 681 (1975)

In re Arthur Lawrence BAIN, Individually and d/b/a Arthur L. Bain Construction Company, Bankrupt. WOMACK LUMBER COMPANY, INC., on behalf of Walter C. Drake, Trustee, Appellant, v. GUARANTY MORTGAGE COMPANY, Appellee.

United States Court of Appeals, Sixth Circuit.

Decided December 19, 1975.

Rehearing Denied January 27, 1976.


Attorney(s) appearing for the Case

Larry C. Sanders, Hills, Sanders, Miller & Daniel, T. Robert Hill, Jackson, Tenn., for appellant.

John R. Moss, Moss & Benton, William H. Brown, Jackson, Tenn., for appellee.

Before PHILLIPS, Chief Judge, and WEICK and ENGEL, Circuit Judges.


WEICK, Circuit Judge.

The controversy in this case arose out of a foreclosure of deeds of trust securing promissory notes and the public sale of real property conducted under the power of sale contained in the deeds of trust, which sale was held after the mortgagor had filed a voluntary petition in bankruptcy.

When the Bankruptcy Judge was advised by counsel of the proposed public sale he consented to the sale on condition that the sale would be subject to...

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