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§ 547(e)(3)

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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Consumer opinion summary, case decided on March 06, 2018 , LexisNexis #0418-048
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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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Consumer opinion summary, case decided on April 14, 2017 , LexisNexis #0517-073
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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 :
Judge or Jurisdiction information not available
Consumer opinion summary, case decided on March 04, 2013 , LexisNexis #1018-020
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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 :
Judge or Jurisdiction information not available
Consumer opinion summary, case decided on March 04, 2013 , LexisNexis #1018-020
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Richardson v. Ford Motor Credit Co. (In re Casias)

Sep
13
2005
Ruling
Wages paid to judgment creditor within preference period pursuant to judgment order entered prior to preference period were avoidable transfers since the debtor obtained the interest in the wages after performing work.
Procedural posture

Plaintiff chapter 7 trustee filed an adversary proceeding against defendant creditor seeking to avoid certain payments as preferences. The issue was whether the trustee could avoid as a preference wages paid to a judgment creditor within 90 days of the debtor's bankruptcy where a state court wage deduction order was entered more than 90 days before the bankruptcy was filed.

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opinion summary, case decided on September 13, 2005 , LexisNexis #0206-017
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