- 11 U.S.C.
In re Munoz
Feb
22
2011
Ruling
Debtor could not set aside prepetition foreclosure sale.
Procedural posture
Chapter 13 debtors sought to set aside a pre-petition foreclosure sale of their real property by defendant lender to defendant foreclosure sale purchaser through 11 U.S.C.S. § 522(h) by using the "strong-arm power" of 11 U.S.C.S. § 544(a)(3), as an unauthorized post-petition transfer under 11 U.S.C.S. § 549. Alternatively, the debtors sought to recover damages for violation of the automatic stay under 11 U.S.C.S. § 362(k)(1).
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Court
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