United States Eighth Circuit
Wells Fargo Home Mortgage v. Lindquist, 08-3442
In an action by a Chapter 7 bankruptcy trustee to avoid the pre-petition transfer of a mortgage from debtor to a bank, summary judgment for plaintiff is affirmed where: 1) because defendant-bank was already a creditor of the debtor when it received the mortgage from the debtor, the mortgage was transferred "to or for the benefit of a creditor"; and 2) the transfer of the mortgage diminished the bankruptcy estate.
Appellate Information
- Decided 01/11/2010
- Published 01/11/2010
Judges
- GRUENDER, Circuit Judge., Before RILEY, SMITH and GRUENDER, Circuit Judges.
Court
- United States Eighth Circuit
Counsel
- For Appellant:
- Allen Edward Christy, Jr., Andrew P. Moratzka, Patrick Charles Summers, Mackall & Crounse, Minneapolis, MN, for Appellant.
- For Appellees:
- Cynthia L. Hegarty, Patrick Bernard Hennessy, Best & Flanagan, Minneapolis, MN, for Appellee.