Wittman v. Ameriquest Mortgage Co. (In Re Crossen)

MEMORANDUM OPINION, FINDINGS OF FACT, AND CONCLUSIONS OF LAW

THOMAS S. UTSCHIG, Bankruptcy Judge.

The trustee in this case seeks to avoid the defendant’s mortgage as a preferential transfer under 11 U.S.C. § 547(c). The trustee, Mark J. Wittman, represents himself as attorney for the trustee. The defendant is represented by Patrick B. Howell. When the debtor filed bankruptcy on June 9, 2004, he owned a home in Scho-field, Wisconsin. Prior to the bankruptcy, the debtor sought to refinance his home mortgage. On March 1, 2004, the debtor executed a note and mortgage in relation to the property in…