IN RE SHAW

BAP No. CC-81-1151-HVG, Bankruptcy Nos. LA 80-02494 RO, LA 80-02495 RO, Adv. No. 80-2056 RO.

16 B.R. 875 (1982)

In re Moses D. SHAW and Mary K. Shaw, Debtors. Jay C. MILLER, Plaintiff-Appellant, v. Moses D. SHAW and Mary K. Shaw, Defendants-Appellees.

United States Bankruptcy Appellate Panels of the Ninth Circuit.

Decided January 11, 1982.


Attorney(s) appearing for the Case

David M. Stern, Stern & Miller, Santa Monica, Cal., for plaintiff-appellant.

Richard Meehan, Los Angeles, Cal., for defendants-appellees.

Before HUGHES, VOLINN and GEORGE, Bankruptcy Judges.


OPINION

HUGHES, Bankruptcy Judge:

The question raised by this appeal is whether the bankruptcy court's equitable power may be used to set aside a post-bankruptcy foreclosure sale that was not subject to a stay. We hold on the facts of this case and the authority of Hardt v. Kirkpatrick, 91 F.2d 875 (9th Cir. 1937) cert. denied 303 U.S. 626, 58 S.Ct. 762, 82 L.Ed. 1088...

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