IN RE GRAVES

No. 93-1709.

33 F.3d 242 (1994)

In re Shirley GRAVES, Debtor, FLEET CONSUMER DISCOUNT CO. v. Shirley GRAVES Edward Sparkman, Esquire, Chapter 13 Trustee Fleet Consumer Discount Company, Appellant.

United States Court of Appeals, Third Circuit.

Decided August 19, 1994.


Attorney(s) appearing for the Case

Robert J. Wilson (Argued), Lipman, Freiberg, Comroe & Hing, Philadelphia, PA, for appellant, Fleet Consumer Discount Co.

F. Lee Jones (Argued), Jones & Harrison, Philadelphia, PA, for appellee, Shirley Graves.

Before: STAPLETON and SCIRICA, Circuit Judges and SMITH, District Judge.


OPINION OF THE COURT

SCIRICA, Circuit Judge.

This is an appeal from a judgment of the district court sitting as an appellate court in bankruptcy. At issue is whether, under Pennsylvania law, a non-record interest holder in real property is entitled to personal service before a foreclosure sale even though notice was mailed to the record owners and was posted on the property; and whether a junior secured creditor can be a bona fide purchaser for value without...

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