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IN RE GUTIERREZ

Bankruptcy No. 92-54338-RBK, Adv. No. 93-5008-RBK.

160 B.R. 788 (1993)

In re Brigido GUTIERREZ and Yolanda Gutierrez, Debtors. Brigido GUTIERREZ and Yolanda Gutierrez, Plaintiffs, v. LOMAS MORTGAGE and Citicorp Acceptance Corp., Defendants.

United States Bankruptcy Court, W.D. Texas, San Antonio Division.

October 29, 1993.

Attorney(s) appearing for the Case

Heidi McLeod, San Antonio, TX, for debtors/plaintiffs, Brigido Gutierrez and Yolanda Gutierrez.

Keith P. O'Gorman, San Antonio, TX, for creditors/defendants, Lomas Mortg. and Citicorp Acceptance Corp.

OPINION

RONALD B. KING, Bankruptcy Judge.

This is an action to avoid a fraudulent transfer under section 548 of the Bankruptcy Code.1 The Debtors seek to set aside a foreclosure sale of their homestead, claiming that the price paid at the foreclosure sale did not constitute "reasonably equivalent value" under section 548(a)(2)(A).

Citicorp Acceptance Corporation (Citicorp), the mortgagee, conducted a nonjudicial foreclosure...

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