Shapiro v. Chase Manhattan Mortgage Corp. (In Re Lee)

Supplemental Opinion Regarding Cross-Motions for Summary Judgment

STEVEN RHODES, Chief Judge.

This matter is before the Court on a motion for summary judgment filed by the trustee, Mark Shapiro. Shapiro seeks to avoid as a preferential transfer the security interest of Chase Manhattan Mortgage Corp. in the debtor’s residence. Chase filed a cross motion for summary judgment.

The Court heard oral argument on May 26, 2005. At the conclusion of oral argument, the Court ruled in favor of Shapiro. This opinion supplements the Court’s decision at that time.

I

Under Rule 56(c) of the Federal Rules of…