- 11 U.S.C.
Cruz, In re
Nov
17
2021
Ruling
Mortgage was avoidable where bank's delayed recording fell within the preference period. (Bankr. E.D. Wis.)
Issue(s)
Preferences; Perfection and Effectiveness; Effectiveness; Perfection After 30 Days.
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- 11 U.S.C.
Blake, In re--First Fin. Bank, N.A. v. Blake
Mar
06
2018
Ruling
Court found that debtors acquired contractual rights to payment under the ARC program at the time they signed the contracts. (Bankr. S.D. Ill.)
Issue(s)
Preferences; Perfection and Effectiveness; Acquisition of Rights by Debtor.
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Court
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- 11 U.S.C.
Garcia, In re--Garcia v. P2 Props.
Apr
14
2017
Ruling
Garnishment lien and the paid wages are subject to avoidance as record does not make clearwhen the wages were earned by debtor and paid to the garnishing creditor. (Bankr. D.N.M.)
Issue(s)
Preferences; Perfection and Effectiveness; Acquisition of Rights by Debtor.
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Court
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- 11 U.S.C.
Cates, In re--Walters v. Cates
Mar
04
2013
Ruling
Section 547(e)(3) did not change the deemed transfer date even though the deed of trust waslater recorded at a time when a family trust held record title to the property, because the debtorhad rights in the property on the date she granted the deed of trust. (B.A.P. 10th Cir.)
Issue(s)
Preferences; Perfection and Effectiveness; Acquisition of Rights by Debtor.
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Court
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Judge or Jurisdiction information not available
- 11 U.S.C.
Cates, In re--Walters v. Cates
Mar
04
2013
Ruling
Section 547(e)(3) did not change the deemed transfer date even though the deed of trust waslater recorded at a time when a family trust held record title to the property, because the debtorhad rights in the property on the date she granted the deed of trust. (B.A.P. 10th Cir.)
Issue(s)
Preferences; Perfection and Effectiveness; Acquisition of Rights by Debtor.
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Judge or Jurisdiction information not available
- 11 U.S.C.
In re Whitehead
Jan
26
2009
Ruling
Pre-preference period lis pendens effected a valid transfer of interest in property.
Procedural posture
Creditor filed a motion for relief from the automatic stay. The only substantive legal question was whether an interest of the debtor in certain real property was transferred on the date of recordation of the creditor's notices of lis pendens or on the date of recordation of a judgment lien certificate, inasmuch as the latter event occurred within the preferential look-back period.
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Baker v. Mortgage Elec. Registration Sys. (In re King)
Jul
20
2007
Ruling
Mortgage executed simultaneously with note, but not recorded until one month later during preference period, could be avoided.
Procedural posture
Plaintiff trustee filed an action against defendant creditors to set aside, pursuant to 11 U.S.C. § 547, a mortgage executed by the debtors in favor of the creditors. The financing agreement related to the mortgage was executed in July, 2005, and the mortgage was recorded on August 26, 2005. The parties filed cross motions for summary judgment.
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- 11 U.S.C.
Burks v. Mortgage Elec. Registration Sys. (In re Pendergrass)
May
03
2007
Ruling
Mortgage was avoidable as disbursement date under Regulation Z was outside 30-day safe harbor.
Procedural posture
Defendant creditor filed a Fed. R. Bankr. P. 7056 motion for summary judgment on plaintiff trustee's adversary proceeding, which sought to avoid the creditor's mortgage as a preference under 11 U.S.C. § 547(b).
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- 11 U.S.C.
Watts v. Argent Mortg. Co. LLC (In re Hunt)
Feb
23
2007
Ruling
Transfer of security interets in property took place upon delivery which was outside of 90 days prior to filing and were not preferential.
Procedural posture
Chapter 7 trustee sought to avoid, as preferential transfers under 11 U.S.C. § 547(b), first and second priority purchase money security deeds held by creditor on debtor's residence that were presented for recording ten and six weeks, respectively, after their execution and funding and within 90 days of debtor's bankruptcy filing. Trustee and creditor filed cross-motions for summary judgment.
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Jin Lim v. Chase Home Fin. LLC (In re Comps)
Dec
08
2005
Ruling
Mortgage was not a preferential transfer since the mortgage was perfected within 10 days of the transfer and thus was not a transfer on account of an antecedent debt.
Procedural posture
Plaintiff chapter 7 trustee filed a complaint against defendant creditor, seeking to set aside a mortgage as a preferential transfer under 11 U.S.C. § 547(b), seeking to disallow the creditor's claim under 11 U.S.C. § 502(d) unless it turned over the transferred property. Both sides sought summary judgment.
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