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IN RE HITZEL

Bankruptcy No. 04-13725 K. Adversary No. 04-1139 K.

312 B.R. 727 (2004)

In re Gail M. HITZEL, Debtor. Gail M. Hitzel, Plaintiff, v. Michael O'Grady and Tamara O'Grady, Defendants.

United States Bankruptcy Court, W.D. New York.

July 20, 2004.

Attorney(s) appearing for the Case

Wendy Christopher, Esq., Peter D. Grubea, Esq., Buffalo, NY, for Debtor/Plaintiff.

Daniel E. Brick, Esq., North Tonawanda, NY, for Defendants.

MICHAEL J. KAPLAN, Bankruptcy Judge.

On July 14, 2004, the Court ruled from the Bench in open court that a regularlyconducted non-collusive foreclosure sale conducted under the Real Property Actions and Proceedings Law of the State of New York cannot be a fraudulent transfer under any provision of the Debtor and Creditor Law of the State of New York, at least where the property is a home and the party attacking the sale is the Debtor. Because the purchasers at foreclosure...

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