Agin v. Dookhan (In re Hultin)

MEMORANDUM OF DECISION

WILLIAM C. HILLMAN, Bankruptcy Judge.

I. INTRODUCTION

Warren E. Agin, the Chapter 7 trustee (the “Trustee”) of the bankruptcy estate of William O. Huitín (the “Debtor”), filed a complaint seeking to avoid a transfer of the Debtor’s interest in real property, alleging that the transfer had not been recorded in due course pursuant to Mass. Gen. Laws ch. 184, § 25 (“Section 25”). Wells Fargo Bank (“Wells Fargo”) filed a motion to dismiss the complaint for failure to state a claim under the statute (the “Motion to Dismiss”), which the Trustee opposed. For the reasons set forth…