Legal Opinion
Collins v. Greater Atlantic Mortgage Corp. (In Re Lazarus)
United States Bankruptcy Court, D. Massachusetts
Decided December 15, 2005No. 19-40242PublishedCited by 3 opinions
1Opinion of the Court
MEMORANDUM OF DECISION
HENRY J. BOROFF, Bankruptcy Judge.
Before this Court are cross motions for summary judgment. The parties directly involved are Greater Atlantic Mortgage Corporation (“Greater Atlantic” or “Defendant”) and the Chapter 7 Trustee, Joseph B. Collins (“Trustee” or “Plaintiff’); indirectly, though significantly, affected is the debtor, Christine H. Lazarus (“Debtor”). The central issue is whether a mortgage, granted to secure a loan used to pay off a prior mortgage, may be avoided under § 547 of the Bankruptcy Code 1 as a preferential transfer, where the later mortgage is…
2Cases cited18 opinions
- Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
- In Re ArnettCourt of Appeals for the Sixth Circuit · 1984
- E. Penn Nicholson, Trustee for the Estate of Carolee's Combine, Inc. v. First Investment Company and Bill BeltzerCourt of Appeals for the First Circuit · 1983
- Aero-Fastener, Inc. v. Sierracin Corp. (In Re Aero-Fastener, Inc.)United States Bankruptcy Court, D. Massachusetts · 1994
- In Re HeitkampCourt of Appeals for the First Circuit · 1998
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3Cited by3 opinions
- Collins v. Greater Atlantic Mortgage Corp. (In Re Lazarus)Court of Appeals for the First Circuit · 2007
- George v. Argent Mortgage Co. (In Re Radbil)United States Bankruptcy Court, E.D. Wisconsin · 2007
- George v. Guaranty Mortgage Co. (In Re Ljubic)United States Bankruptcy Court, E.D. Wisconsin · 2007