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Brown v. Community Natl Bank (In re Martinous)

Brown v. Community Natl Bank (In re Martinous)

Ruling
Mortgage refinance was preferential transfer as trustee's hypothetical judicial lien intervened between original mortgage and refinance.
Procedural posture

Plaintiff chapter 7 trustee filed an adversary proceeding against defendant creditor seeking to avoid an alleged transfer from the debtor as preferential under 11 U.S.C. § 547(b). The trustee moved for summary judgment.

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Consumer opinion summary, case decided on October 17, 2007 , LexisNexis #1207-031