IN RE BUCHANAN

Bankruptcy Nos. 3-82-00037, 3-82-00489, Adv. No. 3-82-0128.

35 B.R. 842 (1983)

In re Wayne G. BUCHANAN, a/k/a Asbery Buchanan, and Carolyn G. Buchanan, Debtors. In re Don A. MORTON, Debtor. Leon STEINBERG, Trustee and Douglas Q. Wickham, Trustee, Plaintiffs, v. Don MORTON; Michael Max Talley and wife, Eleanor Jean Talley; William Roger Phillips and wife, Gwendolyn Phillips; David F. Hill; David T. Hill; Robert N. Navratil, Trustee, Defendants.

United States Bankruptcy Court, E.D. Tennessee.

December 7, 1983.


Attorney(s) appearing for the Case

Goddard & Gamble, Carl P. McDonald, Arthur Goddard, Maryville, Tenn., for plaintiffs.

Perry P. Paine, Jr., Maryville, Tenn., for defendants Talley and Phillips.

Bird, Navratil & Bird, Frank B. Bird, Maryville, Tenn., for defendant Navratil.


MEMORANDUM

CLIVE W. BARE, Bankruptcy Judge.

The question before the court is whether the plaintiff trustees in bankruptcy are entitled to set aside the foreclosure of a deed of trust. The trustees contend that the challenged foreclosure sale may be avoided under 11 U.S.C.A. § 544(b) (1979) because it was fraudulent under both Tenn.Code Ann. § 66-3-101 (1982) and § 66-3-305 (1982).1 Defendants, Talley and Phillips...

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