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IN RE BEAN

Docket No. 00-5051.

252 F.3d 113 (2001)

In re Ainsley H. BEAN, Debtor. Richard J. McCord, As chapter 7 Trustee for the estate of Ainsley H. Bean, Plaintiff-Appellant, v. Joan Nurse Agard, Lynette Nurse, Rossell Simeon, & Premier Mortgage Corporation, dba PMC Mortgage Co., Defendants-Appellees.

United States Court of Appeals, Second Circuit. August Term, 2000.

Decided: May 30, 2001.

Attorney(s) appearing for the Case

Michael D. Brofman, Certilman, Balin, Adler & Hyman, East Meadow, NY (Kimberly I. Berson, of counsel) for Plaintiff-Appellant.

Michelle S. Feldman, Godsberg, Zankel & Golden, P.C., Garden City, NY, for Defendants-Appellees.

Before WINTER, McLAUGHLIN, and POOLER, Circuit Judges.

BACKGROUND

McLAUGHLIN, Circuit Judge:

Today we are called upon to interpret certain sections of the Bankruptcy Code, 11 U.S.C. § 101 et seq. (the "Code"), to resolve a dispute concerning a three-bedroom house in Cambria Heights, Queens County, New York (the "Property").

In September 1997, as creditors circled above him, Ainsley Bean ("Bean" or the "Debtor") contracted to sell the Property for $165,000 to the defendants, first-time home...

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