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IN RE WHEELER

Bankruptcy No. 82-6432, Adv. No. 82-1554.

34 B.R. 818 (1983)

In re Ennis Taylor WHEELER, Debtor. FEDERAL NATIONAL MORTGAGE ASSOCIATION, Plaintiff & Cross Defendant, v. Ennis Taylor WHEELER, Defendant & Cross Plaintiff.

United States Bankruptcy Court, N.D. Alabama, W.D.

March 30, 1983.

Attorney(s) appearing for the Case

Al Vreeland, Tuscaloosa, Ala., for debtor.

Robert R. Sexton, Birmingham, Ala., for Federal Nat. Mortg. Ass'n.

MEMORANDUM OPINION

GEORGE S. WRIGHT, Bankruptcy Judge.

The issues presented by these facts are whether a valid nonjudicial prepetition foreclosure sale may be set aside pursuant to § 548(a)(2) or § 547(b) of the Bankruptcy Code of 1978.

FINDINGS OF FACT

(1) On or about November 29, 1971, George Taylor and Essie Mae Taylor, his wife, executed a mortgage in favor of Collateral Investment Company, which was recorded in Tuscaloosa...

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