Collins v. Great Atlantic Mortg. Corp. (In re Lazarus)
Jan
09
2007
Ruling
Debtor's refinance with original mortgagee was preferential subject to possible applicability of 547(c) exceptions.
Procedural posture
The District Court for the District of Massachusetts affirmed a bankruptcy court's entry of summary judgment in favor of creditor mortgagee in declining to set aside a mortgage on the ground that it constituted a preferential transfer pursuant to 11 U.S.C. § 547(b) in debtor co-owner's bankruptcy case. The trustee appealed.
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