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BARRETT v. COMMONWEALTH FEDERAL SAV. AND LOAN

No. 90-1668.

939 F.2d 20 (1991)

Thomas J. BARRETT and Sharon B. Barrett, Appellants, v. COMMONWEALTH FEDERAL SAVINGS AND LOAN ASSOCIATION, Robert J. Gunn, and John Green, Sheriff, Appellees.

United States Court of Appeals, Third Circuit.

Decided July 12, 1991.

Attorney(s) appearing for the Case

Jerome Brian Blank (argued), Aaron Finestone, Philadelphia, Pa., for appellants, Thomas and Sharon Barrett.

Warren T. Pratt (argued), Joseph F. Riga, Drinker Biddle & Reath, Philadelphia, Pa., for appellee, Commonwealth Federal Sav. and Loan Ass'n.

Gary Klein, Henry J. Sommer (argued), Community Legal Services, Inc., Philadelphia, Pa., for amicus curiae, The Consumer Educ. and Protective Ass'n and Alfred Mattera.

Eugene F. Brazil (argued), Fort Washington, Pa., for appellee, Robert J. Gunn.

Before MANSMANN, SCIRICA and HIGGINBOTHAM, Circuit Judges.

OPINION OF THE COURT

A. LEON HIGGINBOTHAM, JR., Senior Circuit Judge.

I.

This case presents the debtors' (the "Barretts") appeal from the district court's decision not to set aside a foreclosure sale as a fraudulent transfer under 11 U.S.C. § 548(a)(2). There have been two appeals from the bankruptcy court to the district court. In both instances the order of the bankruptcy court was vacated. Barrett...

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