Rouse v. Beneficial Mortgage Co. of Missouri, Inc. (In Re Carruth)

MEMORANDUM OPINION

JERRY W. VENTERS, Bankruptcy Judge.

In this adversary proceeding, the Chapter 7 trustee of the Debtors’ bankruptcy estate, Norman E. Rouse (“Trustee”), seeks to avoid an allegedly preferential transfer of an interest in certain of the Debtors’ real property. Specifically, the Trustee contends that a transfer voidable under 11 U.S.C. § 547(b) occurred when the Defendant, Beneficial Mortgage Company of Missouri, Inc. (“Beneficial”), recorded within the 90-day preference period a modification of its deed of trust on the Debtors’ property to correct an erroneous legal…