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Speth v. Vaupel (In re Smith)

Speth v. Vaupel (In re Smith)

Ruling
Postpetition recording of warranty avoided as unauthorized transfer.
Procedural posture

Plaintiff chapter 7 trustee brought an adversary proceeding seeking to avoid a postpetition transfer made to defendant transferees by virtue of a warranty deed from debtor to defendants that was not recorded until well after the date of the petition. The trustee proceeded under 11 U.S.C. § 549. The matter was pending judgment. Also pending was defendants' motion to sell the property.

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opinion summary, case decided on December 08, 2006 , LexisNexis #0307-024