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IN RE SANDERS

Bankruptcy No. 96-02083-B11. R.S. No. 01451.

198 B.R. 326 (1996)

In re Daniel SANDERS, dba Park Rossini Properties, dba The Sheffield Cottage, dba Sanders Enterprises, Debtor. William F. BLATNICK and Darlyne Blatnick, Trustees of the Blatnick Family Trust; Terry Blatnick and Lisa Mendenhall, Movants, v. Daniel SANDERS, dba Park Rossini Properties, dba The Sheffield Cottage, dba Sanders Enterprises, Karen Lee Sanders; Orva Lewis, Trustee of the Orva Lewis Target Benefit Pension Plan, Respondents.

United States Bankruptcy Court, S.D. California.

June 28, 1996.

Attorney(s) appearing for the Case

Mark R. Moore, La Jolla, CA, for Debtor.

James W. Beshears, San Diego, CA, for Movants.

MEMORANDUM DECISION

PETER W. BOWIE, Bankruptcy Judge.

In California, and other jurisdictions which utilize a typical race-notice statutory scheme for recordation and perfection, prepetition foreclosure sales have been avoided when the debtor "won the race to the courthouse" by filing bankruptcy after the sale occurred but before the foreclosure trustee's deed was recorded. In re Duncombe, 143 B.R. 243 (Bankr.C.D.Cal...

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