Legal Opinion
Givens v. Countrywide Home Loans, Inc. (In Re Jarosz)
United States Bankruptcy Court, E.D. Wisconsin
Decided March 28, 2005No. 14-20830PublishedCited by 6 opinions
1Opinion of the Court
MEMORANDUM DECISION
SUSAN V. KELLEY, Bankruptcy Judge.
The bankruptcy trustee filed this adversary proceeding to avoid a mortgage, because the mortgage note signed by the Debtors was dated December 18, 2002, but the mortgage was not recorded until January 17, 2003, more than ten days after the note was executed and within 90 days of the Debtors’ bankruptcy petition. The Trustee claims that the tardy recordation of the mortgage is an avoidable preference under Bankruptcy Code § 547(b). 11 U.S.C. § 547(b) (2004). Countrywide Home Loans, Inc. (“Countrywide”) disputes that the mortgage is avoidable…
2Cases cited13 opinions
- Butner v. United StatesSupreme Court of the United States · 1979
- Muriel D. Black v. Michael P. Lane, Michael Neal, P.A. Severs, CaptainCourt of Appeals for the Seventh Circuit · 1994
- Orange Theatre Corp. v. Rayherstz Amusement Corp.Court of Appeals for the Third Circuit · 1944
- Mega Marts, Inc. v. Trevisan (In Re Trevisan)United States Bankruptcy Court, E.D. Wisconsin · 2003
- Indiana Port Commission v. Bethlehem Steel Corporation and Lake Carriers' Association, DefendantsCourt of Appeals for the Seventh Circuit · 1988
8 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Seaver v. Mortgage Electronic Registration Systems, Inc. (In Re Schwartz)United States Bankruptcy Appellate Panel for the Eighth Circuit · 2008
- K. Jin Lim v. Chase Home Finance, LLC (In Re Comps)United States Bankruptcy Court, E.D. Michigan · 2005
- Schatz v. Imperial Capital Bank (In Re Schatz)United States Bankruptcy Court, D. New Hampshire · 2009
- Wittman v. Ameriquest Mortgage Co. (In Re Crossen)United States Bankruptcy Court, W.D. Wisconsin · 2005
- In RE McCLEARNUnited States Bankruptcy Court, W.D. Wisconsin · 2007
1 more not listed; retrieve them via the Exa API.