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Neilson v. Cedar Funding Inc. (In re Cedar Funding Inc.)

Neilson v. Cedar Funding Inc. (In re Cedar Funding Inc.)

Ruling
Assignments of interests in deeds of trust to investors within preference period were avoidable.
Procedural posture

Plaintiff chapter 11 trustee filed an adversary proceeding against defendant investors, seeking a determination that assignments of interests in deeds of trust which debtor corporation made to the investors shortly before it declared bankruptcy were preferential transfers that could be avoided under 11 U.S.C.S. § 547(b). The trustee filed a motion for summary judgment with respect to 17 of 19 assignments.

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Commercial opinion summary, case decided on April 06, 2010 , LexisNexis #0610-125