In Re Kay Lorraine Lewis, Debtor. Superior Bank, Fsb v. James W. Boyd, Chapter 7 Bankruptcy Trustee

I agree with the majority’s opinion and believe that, insofar as the opinion discusses the jurisdictional issues, the majority’s decision is clear and concise. I write separately only to clarify my understanding of two of the remaining issues: 1) the relationship between preferential transfer law and Michigan’s equitable subrogation law; and 2) whether recordation of the deed is a necessary prerequisite to deed validity.

A. Preferential Transfer and Equitable Subrogation

The bankruptcy code allows a trustee in bankruptcy to avoid any transfer that is made ninety days prior to the date of the…