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IN RE WEISMAN

Bankruptcy No. 89-00376E, Adv. No. 89-0047.

112 B.R. 138 (1990)

In re Mark W. WEISMAN, Debtor. Mark W. WEISMAN, Plaintiff, v. EASTLAKE DEVELOPMENT CO. and Gary J. Gaertner, Esq., Trustee, Defendants.

United States Bankruptcy Court, W.D. Pennsylvania.

April 3, 1990.

Attorney(s) appearing for the Case

Lawrence C. Bolla, Erie, Pa., for debtor.

Susan F. Reiter, Erie, Pa., for Eastlake Development Co.

Gary J. Gaertner, Pittsburgh, Pa., Trustee.

OPINION

WARREN W. BENTZ, Bankruptcy Judge.

Issue

The issue is whether a Chapter 13 debtor may recover, as a fraudulent conveyance under Bankruptcy Code § 548, the title to his residence which had been lost over five months prepetition through a fully consummated tax sale for an inadequate price where the only creditors are the oversecured first mortgagee and the adequately secured holder of a lien on debtor's automobile. We find no...

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