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IN RE RUEBECK

Bankruptcy No. 85-712-HL, Adv. No. 85-266.

55 B.R. 163 (1985)

In re Joan RUEBECK, Debtor. Joan RUEBECK, Plaintiff, v. ATTLEBORO SAVINGS BANK and Robert V. McKearney, Defendants.

United States Bankruptcy Court, D. Massachusetts.

November 14, 1985.

Attorney(s) appearing for the Case

Henry C. Ellis, Assiran & Ellis, Taunton, Mass., for plaintiff/debtor.

William Billingham, Pembroke, Mass., Trustee.

John P. Pollis, Armstrong, Pollis & Clapp, North Attleboro, Mass., for defendant/Bank.

Robert V. McKearney, pro se.

MEMORANDUM ON FORECLOSURE AS A FRAUDULENT CONVEYANCE

HAROLD LAVIEN, Bankruptcy Judge.

Can a foreclosure sale conducted in accordance with applicable state law be a fraudulent conveyance under 11 U.S.C. § 548(a)(2)(A) and (B)(i)? This is a case of first impression within this district. However, the questions presented in this case have been considered in other districts. To date, the courts, district and circuit, that have considered this question, are...

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