United States First Circuit

Refusal to set aside a mortgage in a bankruptcy proceeding is vacated and remanded where: 1) there was a preferential transfer under 11 U.S.C. section 547(b) and 2) the transferred mortgage was not rescued from avoidance by any exception to section 547(b) provided by section 547(c).

Appellate Information

• Decided 01/09/2007
• Published 01/10/2007

Judges

• BOUDIN, Chief Judge., Before BOUDIN, Chief Judge, TORRUELLA and LYNCH, Circuit Judges.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Steven A. Munson with whom Hendel & Collins, P.C. was on brief for appellant.


• For Appellees:
  
• Jennifer Rood with whom Bernstein Shur was on brief for appellees.