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IN RE McCLURE PROPERTIES, INC.

Case No. 10-1810, Adv. Proc. No. 10-146.

In re: McCLURE PROPERTIES, INC., Chapter 11, Debtor. McCLURE PROPERTIES, INC., Plaintiff, v. FIFTH THIRD BANK, C2C REALTY, LLC, and WILLIAM T. HOLMES, SUCCESSOR TRUSTEE, Defendants.

United States Bankruptcy Court, N.D. West Virginia.

April 4, 2011.

MEMORANDUM OPINION

PATRICK M. FLATLEY, Bankruptcy Judge

McClure Properties, Inc. (the "Debtor"), filed a two count adversary complaint against Fifth Third Bank and William T. Holmes (collectively, the "Bank"). Count I seeks to set aside a trustee's foreclosure sale, conducted by Mr. Holmes, on the grounds that the foreclosure sale price was so low as to shock the conscience. Count II of the complaint seeks to avoid the foreclosure...

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