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IN RE UPHAM

Bankruptcy No. 84-21097.

48 B.R. 695 (1985)

In re David O. & Delores A. UPHAM, Debtors.

United States Bankruptcy Court, W.D. New York.

April 30, 1985.

Attorney(s) appearing for the Case

Christopher Werner, Rochester, N.Y., for debtors.

Harter, Secrest & Emery by David Struss, Rochester, N.Y., for Marine Midland Bank, N.A.

MEMORANDUM AND DECISION

EDWARD D. HAYES, Bankruptcy Judge.

The bank, which has foreclosed a mortgage upon the debtors' real property, moved for a declaratory judgment asking this Court to determine whether the transfer of the deed and completion of the foreclosure sale of the real property was barred by the stay of 11 U.S.C. § 362(a) and to determine whether the sale was a fraudulent transfer in violation of 11 U.S.C. § 548. A hearing was held...

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