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IN RE ABUSAAD

Bankruptcy No. 03-81289, Adversary No. 03-3973.

309 B.R. 895 (2004)

In re Maher ABUSAAD, Debtor. Ben Singleton d/b/a Equity Investments Group, Plaintiff, v. Maher Abusaad and Thomas Dwain Powers, Trustee and Springpark Homeowners Association, Inc.

United States Bankruptcy Court, N.D. Texas, Dallas Division.

March 18, 2004.

Attorney(s) appearing for the Case

Roger Jacobsen, Piano, TX, for Plaintiff/Cross Defendant.

Robert M. Nicoud, Jr., Olson, Nicoud & Gueck, L.L.P., Dallas, TX, for Defendant/Counter Plaintiff, Maher Abusaad.

Lance E. Williams, Riddle, Williams & Blend, Dallas, TX, for Defendant Springpark Homeowners Association, Inc.

MEMORANDUM OPINION

HARLIN D. HALE, Bankruptcy Judge.

Does a post-petition sheriffs sale of real property of a debtor conducted without actual knowledge by the judgment creditor or the purchaser of the filing of the bankruptcy petition, violate the automatic stay of Bankruptcy Code § 362? And, if so, does Bankruptcy Code § 549(c) constitute an exception to § 362 and protect the sale to the good...

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