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Seaver v. Mortgage Elec. Registration Sys. (In re Schwartz)

Seaver v. Mortgage Elec. Registration Sys. (In re Schwartz)

Ruling
Payoff of mortgages obtained within 90 days of petition date via postpetition refinancing avoided as preferential.
Procedural posture

Defendant mortgage lenders appealed from an order of the United States Bankruptcy Court for the District of Minnesota entered in favor of the chapter 7 trustee of debtor's bankruptcy estate, avoiding the transfer of mortgage interests in the debtor's real property to the lenders as preferential transfers under 11 U.S.C.S. § 547, entering monetary judgments against the lenders for the value of the interest transferred.

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Court :
Judge or Jurisdiction information not available
Consumer opinion summary, case decided on March 07, 2008 , LexisNexis #0308-135