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IN RE WHITTLE DEVELOPMENT, INC.

Bankruptcy No. 10-37084-HDH-11. Adversary No. 11-03150.

463 B.R. 796 (2011)

In re WHITTLE DEVELOPMENT, INC., Debtor. Whittle Development Inc., Plaintiff, v. Branch Banking & Trust Co., Successor to Colonial Bank, N.A., and Eagle TX I SPE, LLC d/b/a Eagle Loan Star I SPE, LLC, Defendants.

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

July 27, 2011.

Attorney(s) appearing for the Case

Edwin Paul Keiffer , Shane Austin Lynch , Wright Ginsberg Brusilow P.C., Dallas, TX, Jules Peter Slim , Irving, TX, for Plaintiff.

Jason T. Rodriguez , Lindsay L. Stansberry , Mark Douglas Cronenwett , Higier Allen & Lautin, P.C., Addison, TX, for Defendants.

MEMORANDUM OPINION ON DEFENDANTS' MOTION TO DISMISS

HARLIN DEWAYNE HALE, Bankruptcy Judge.

This opinion deals with the issue of whether a debtor in possession can avoid a pre-petition real property foreclosure on the grounds that the foreclosure constituted a preferential transfer, even though the foreclosure sale complied with state law and was non-collusive.

On April 29, 2011, Defendants filed their Motion to Dismiss for Failure to State a Claim...

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