§ 547(e)

Cates, In re--Walters v. Cates

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.)
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Consumer case opionion summary, case decided on March 04,2013, LexisNexis #1018-020

Cates, In re--Walters v. Cates

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.)
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Consumer case opionion summary, case decided on March 04,2013, LexisNexis #1018-020

Blake, In re--First Fin. Bank, N.A. v. Blake

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.)
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Consumer case opionion summary, case decided on March 06,2018, LexisNexis #0418-048

Garcia, In re--Garcia v. P2 Props.

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.)
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Consumer case opionion summary, case decided on April 14,2017, LexisNexis #0517-073

In re Whitehead

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.
Ruling: 
Pre-preference period lis pendens effected a valid transfer of interest in property.
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Consumer case opionion summary, case decided on January 26,2009, LexisNexis #0309-048

Baker v. Mortgage Elec. Registration Sys. (In re King)

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.
Ruling: 
Mortgage executed simultaneously with note, but not recorded until one month later during preference period, could be avoided.
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Burks v. Mortgage Elec. Registration Sys. (In re Pendergrass)

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).
Ruling: 
Mortgage was avoidable as disbursement date under Regulation Z was outside 30-day safe harbor.
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Watts v. Argent Mortg. Co. LLC (In re Hunt)

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.
Ruling: 
Transfer of security interets in property took place upon delivery which was outside of 90 days prior to filing and were not preferential.
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Jin Lim v. Chase Home Fin. LLC (In re Comps)

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), and 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.
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.
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Richardson v. Ford Motor Credit Co. (In re Casias)

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.
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.
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