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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Court
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