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Goering v. Green Tree Fin. Servs. Corp. (In re Shaw)

Goering v. Green Tree Fin. Servs. Corp. (In re Shaw)

Ruling
Trustee could recover sale price of property that had been encumbered by a defective lien from lienholder who obtained property in preferential transfer.
Procedural posture

Chapter 7 trustee filed an adversary proceeding against defendant lienholder in which plaintiff sought to avoid a first mortgage lien held by defendant. The parties filed motions for summary judgment.

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Consumer opinion summary, case decided on May 02, 2011 , LexisNexis #0611-022