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IN RE DAVIS

Bankruptcy No. 01-21959 JKF. Adversary Nos. 01-2161, 01-2253.

281 B.R. 626 (2002)

In re Mark DAVIS, Debtor. Mark Davis, Plaintiff, v. SunTrust Mortgage, Inc.; James and Ellen Paine; Sheriff's Office of Allegheny County, Pennsylvania, Defendants. In re Mark Davis, Debtor. Mark Davis, Plaintiff, v. SunTrust Mortgage, Inc.; James and Ellen Paine; Sheriff's Office of Allegheny County, Pennsylvania; Peter DeFazio, Sheriff; and LaSalle National Bank, Defendants. In re Mark Davis, Debtor. James and Ellen Paine, Movants, v. Mark Davis, Respondent.

United States Bankruptcy Court, W.D. Pennsylvania.

August 9, 2002.

Attorney(s) appearing for the Case

Donald R. Calaiaro, Calaiaro & Corbett, PC, Pittsburgh, PA, for Debtor.

Gerri L. Sperling, Frederick J. Wolfe, Springer, Bush & Perry, PC, Pittsburgh, PA, for James and Ellen Paine.

Jeanette Ho, John A. Bacharach, Pittsburgh, PA, for Allegheny County Sheriff's Office and Peter DeFazio, Sheriff.

Andrew Stone, Pittsburgh, PA, for SunTrust Mortgage.

Scott Hare, Bartony & Hare, Pittsburgh, PA, for LaSalle National Bank.

MEMORANDUM OPINION2

JUDITH K. FITZGERALD, Chief Judge.

Before the court are cross motions for summary judgment on an amended complaint filed by Debtor to avoid a sheriff's sale on the basis of 11 U.S.C. § 547 and § 548 and for turnover of funds and damages (Adversary No. 01-2253). The Sheriff of Allegheny County, Pennsylvania, moved to dismiss this adversary as did SunTrust Mortgage. James and Ellen Paine, the...

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