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Opinion 159

Case Name: 

Orosco v. Veterans Admin. (In re Orosco)

Judge: 
Judge Allen
Date: 
May-15-1985
Case Number(s): 
84PA-1409
Status: 

UNPUBLISHED

Body: 

Debtor purchased a residence that was subject to an outstanding trust deed. Although debtor made payments on the trust deed loan, she never assumed that obligation. When debtor allowed the loan to default, lender foreclosed, and the house was purchased at the foreclosure sale by the loan guarantor for the outstanding loan amount. One day later, debtor filed a chapter 13 petition. Debtor's attempt to avoid the foreclosure sale pursuant to 11 U.S.C. § 547 was rejected by the court, which first assumed without deciding that guarantor was a "creditor" of the debtor. The court ruled that debtor's § 547 claim would still fail because the outstanding loan was fully secured and, therefore, debtor could not establish that defendant received more than it would have in a chapter 7 liquidation. However, because evidence of the property's value established that it was worth more than the amount defendant had paid for it, the court determined that defendant had given less than reasonably equivalent value for the transfer, and the foreclosure sale was declared null and void as a fraudulent transfer under 11 U.S.C. § 548(a).

Internal Ref: 
Opinion 159
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