Pankey v. New Century Mortg. Corp.
Aug
21
2008
Ruling
Bankruptcy court erred in holding that mortgage was not preferential where facts regarding perfection were disputed.
Procedural posture
Appellant bankruptcy trustee sought review of a decision of the bankruptcy court which granted summary judgment to appellee creditors, a mortgagee and its successor, in the trustee's adversary action seeking to avoid the chapter 7 debtors' mortgage as a preferential transfer pursuant to 11 U.S.C.S. § 547(b).
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Court
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