FIDELITY FINANCIAL SERVICES, INC. v. FINK

No. 96-1370.

522 U.S. 211 (1998)

FIDELITY FINANCIAL SERVICES, INC. v. FINK, TRUSTEE

United States Supreme Court.

Decided January 13, 1998.


Attorney(s) appearing for the Case

Michael P. Gaughen argued the cause and filed a brief for petitioner.

Richard V. Fink, respondent, pro se, argued the cause and filed a brief.*

Souter, J., delivered the opinion for a unanimous Court.


Justice Souter, delivered the opinion of the Court.

Although certain transfers made before the filing of a petition in bankruptcy may be avoided as impermissibly preferential, a trustee may not so displace a security interest for a loan used to acquire the encumbered property if, among other things, the security interest is "perfected on or before 20 days after the debtor receives possession of such property." 11 U. S. C. § 547(c)(3)(B). The question in this...

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