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IN RE BROWN

Bankruptcy No. 88 B 10626 (CB), Adv. No. (88-5726A).

104 B.R. 609 (1989)

In re Hattie BROWN, Debtor. Hattie BROWN, Plaintiff, v. VANGUARD HOLDING CORP., Thomas Polombo and Faviola Felix, Defendants.

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

July 19, 1989.

Attorney(s) appearing for the Case

Gregory Messer, Brooklyn, N.Y., for debtor.

Phillips, Lytle, Hitchcock, Blaine & Huber, Rochester, N.Y. (Mark J. Moretti, of counsel), for Vanguard Holding Corp.

DECISION DENYING FORECLOSURE OF A MORTGAGE AS A FRAUDULENT CONVEYANCE UNDER 11 U.S.C. § 548

CORNELIUS BLACKSHEAR, Bankruptcy Judge.

FACTS

On August 27, 1979, plaintiff purchased property known as 830 East 223rd Street, Bronx, New York (the "Property"), as a tenant by the entirety with her husband, Alvin T. Brown. Plaintiff and her husband executed a first mortgage on the property to Vanguard Holding Corporation ("Vanguard") on August 27, 1979...

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