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§ 547(e)(2)

Cruz, In re

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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Consumer opinion summary, case decided on November 17, 2021 , LexisNexis #0523-092

Burks v. Mortgage Elec. Registration Sys. (In re Pendergrass)

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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opinion summary, case decided on May 03, 2007 , LexisNexis #0607-044

Watts v. Argent Mortg. Co. LLC (In re Hunt)

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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opinion summary, case decided on February 23, 2007 , LexisNexis #0507-099