IN RE CARDINAL ENTERPRISES

BAP No. OR 86-1273 EAsMe, Bankruptcy No. 384-01559, Adv. No. 84-0536.

68 B.R. 460 (1986)

In re CARDINAL ENTERPRISES, Debtor(s). CARDINAL ENTERPRISES, Appellant, v. FAR WEST FEDERAL BANK, Appellee.

United States Bankruptcy Appellate Panels of the Ninth Circuit.

Decided December 15, 1986.


Attorney(s) appearing for the Case

J. Branford Shiley, Portland, Or., for appellant.

Frank Vizzini, Portland, Or., for appellee.

Before ELLIOTT, ASHLAND and MEYERS, Bankruptcy Judges.


ELLIOTT, Bankruptcy Judge:

Debtor, Cardinal Enterprises, appeals the decision of the bankruptcy court that denied its motion to set aside a foreclosure sale as a fraudulent transfer under § 548(a). Debtor also argues that defendant was estopped from holding the sale because debtor relied on previous postponements of the date of sale. Debtor also argues that defendant breached a fiduciary duty it owed to debtor when it held the sale. We affirm.

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