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MATTER OF HAMILTON

No. 96-20666.

125 F.3d 292 (1997)

In the Matter of: Charles HAMILTON, Jr., Debtor. REALTY PORTFOLIO, INC., Appellant, v. Charles HAMILTON, Jr., Appellee.

United States Court of Appeals, Fifth Circuit.

October 20, 1997.

Attorney(s) appearing for the Case

Michael J. Pledger, Houston, TX, for Appellant.

John Vincent Burger, The Keeling Law Firm, Houston, TX, for Appellee.

Before KING and PARKER, Circuit Judges, and ROSENTHAL, District Judge.

ROSENTHAL, District Judge:

A debtor filed a Chapter 13 bankruptcy petition three days after his homestead was sold in a foreclosure sale. When the homeowner filed for bankruptcy protection, the foreclosure purchaser had not filed the substitute trustee's deed. Indeed, the purchaser failed to file and record the deed for another eleven days. The debtor asked the bankruptcy court to avoid the transfer of title to his homestead under 11 U.S.C. §§ 522(h) and...

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