Legal Opinion
Gold v. Interstate Financial Corp. (In Re Schmiel)
United States Bankruptcy Court, E.D. Michigan
Decided January 20, 2005No. 19-41176PublishedCited by 15 opinions
1Opinion of the Court
OPINION DENYING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT
PHILLIP J. SHEFFERLY, Bankruptcy Judge.
I. Facts
The Trustee in this chapter 7 ease seeks to avoid a mortgage given by the Debtors to Defendant Interstate Financial Corp. (“Interstate”) as a preferential transfer under 11 U.S.C. § 547(b). The parties agree on the following relevant facts. On April 25, 2003, the Debtors refinanced the mortgage on their residence located at 1073 Truwood, Rochester Hills, Michigan by obtaining a mortgage loan from Interstate. The prior mortgage was held by Wells Fargo Home Mortgage, Inc. (“Wells Fargo”). The…
2Cases cited11 opinions
- Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
- Jenkins v. AndersonSupreme Court of the United States · 1980
- Philip Berryman v. Dean Rieger, C. Kukla, Diane HolzheuerCourt of Appeals for the Sixth Circuit · 1998
- In Re Gerald Dale Burns and Linda Jane Burns, Debtors. Andrew W. Suhar v. Gerald Dale Burns and Linda Jane Burns, Imc Mortgage CompanyCourt of Appeals for the Sixth Circuit · 2003
- In Re N. Eddie Montgomery and Southland Escrow Services, Inc., Consolidated Debtors. John C. McLemore Trustee v. Third National Bank in NashvilleCourt of Appeals for the Third Circuit · 1993
6 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Chase Manhattan Mortgage Corp. v. Shapiro (In Re Lee)Court of Appeals for the Sixth Circuit · 2008
- Collins v. Greater Atlantic Mortgage Corp. (In Re Lazarus)Court of Appeals for the First Circuit · 2007
- Chase Manhattan Mortgage Corp. v. Shapiro (In Re Lee)District Court, E.D. Michigan · 2006
- Goodman v. Southern Horizon Bank (In Re Norsworthy)United States Bankruptcy Court, N.D. Georgia · 2007
- Encore Credit Corp. v. LimDistrict Court, E.D. Michigan · 2007
10 more not listed; retrieve them via the Exa API.