§ 547(e)(3)

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.)
ABI Membership is required to access the full summary of Cates, In re--Walters v. Cates. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
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.)
ABI Membership is required to access the full summary of Cates, In re--Walters v. Cates. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
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.)
ABI Membership is required to access the full summary of Blake, In re--First Fin. Bank, N.A. v. Blake. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
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.)
ABI Membership is required to access the full summary of Garcia, In re--Garcia v. P2 Props.. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on April 14,2017, LexisNexis #0517-073

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.
ABI Membership is required to access the full summary of Richardson v. Ford Motor Credit Co. (In re Casias). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Subscribe to § 547(e)(3)