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IN RE O'NEILL

Bankruptcy No. 96-13837DAS, Adversary No. 96-1079DAS.

204 B.R. 881 (1997)

In re James H. O'NEILL, Debtor. James H. O'NEILL, Plaintiff, v. Ronald W. & Roberta E. DELL, Beneficial Mutual Savings Bank, Chester County Treasurer, Commonwealth of Pennsylvania, Downingtown National Bank, First Deposit National Bank, Helen Young, Tax Collector and Robert A. Erling, Sheriff of Chester County, Defendants.

United States Bankruptcy Court, E.D. Pennsylvania.

January 30, 1997.

Attorney(s) appearing for the Case

Alison Douglas Knox, Philadelphia, PA, Mediator.

Kenneth J. Benton, Philadelphia, PA, for Debtor.

Edward J. Hayes, Philadelphia, PA, for Defendants Ronald W. & Roberta E. Dell.

Douglas J. McGill, Philadelphia, PA, for Defendant Beneficial Mutual Savings Bank.

C. Robert Elicter, Jr., West Chester, PA, for Defendant Chester County Treasurer.

Thomas C. Abrahamsen, West Chester, PA, for Defendant Chester County Treasurer.

Nicholas J. Lamberti, Pa. Department of Revenue Dept. 281061, Harrisburg, PA, for Defendant Commonwealth of PA.

Anthony R. Distasio, Reading, PA, for Defendant Downingtown National Bank.

Melvyn Mantz, Doylestown, PA, for Defendant First Deposit National Bank.

Robert C. Houpt, Paoli, PA, for Defendants Helen Young, Tax Collector, and Robert A. Erling, Sheriff of Chester County.

Michael J. Reed, Ryan, Reed & Wochok, Paoli, PA, Alleged State Court Counsel for Debtor.

Edward Sparkman, Philadelphia, PA, Standing Chapter 13 Trustee.

OPINION

DAVID A. SCHOLL, Chief Judge.

A. INTRODUCTION

At issue in this adversary proceeding ("the Proceeding") is whether a sheriff's sale of a residence co-owned by JAMES H. O'NEILL ("the Debtor") for less than forty (40%) percent of its fair market value can be set aside, on two alternative bases. The first alternative is based on 11 U.S.C. § 548(a)(2). It features a contention that...

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