IN RE WILLIS

Bankruptcy No. 83-04265-H3-3, Adversary No. 84-0157-H3, No. MBH-85-258.

48 B.R. 295 (1985)

In re John B. WILLIS and Eloise T. Willis, Debtors. John B. WILLIS and Eloise T. Willis, Plaintiffs, v. BORG-WARNER ACCEPTANCE CORPORATION, Defendant.

United States District Court, S.D. Texas, Houston Division.

March 21, 1985.


Attorney(s) appearing for the Case

J.S. Norman, Jr., Norman & Norman, Houston, Tex., for plaintiffs.

Thomas J. Coleman, Jr., Ross, Banks, May, Cron & Cavin, Houston, Tex., for defendant.


MEMORANDUM OPINION AND ORDER

RANDALL, Circuit Judge:*

This matter, before the court on the parties' cross-motions for summary judgment, poses the issue whether the debtors may avoid the nonjudicial foreclosure sale of their residence as a fraudulent transfer under 11 U.S.C. § 548. Because the chapter 13 debtors have standing to bring the action, and because the involuntary sale,...

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