IN RE DAVIS

Bankruptcy No. 04-45710, Adversary No. 04-4410.

318 B.R. 119 (2004)

In re Michael DAVIS, Debtor. Mark Shapiro, Trustee, Plaintiff, v. Homecomings Financial Network, Inc., Mortgage Electronic Registration Systems, Inc. and GMAC Mortgage Corp., Defendants.

United States Bankruptcy Court, E.D. Michigan, Southern Division.

December 13, 2004.


Attorney(s) appearing for the Case

Thomas R. Morris, Shefferly, Silverman & Morris, West Bloomfield, MI, for Debtor.

Mark H. Shapiro, Southfield, MI, for Trustee.


OPINION GRANTING DEFENDANTS' MOTION FOR SUMMARY JUDGMENT AND DENYING PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT

MARCI BETH MCIVOR, Bankruptcy Judge.

The issue in this case is whether the Defendants' perfection of a mortgage as part of a refinancing of a house, within ninety-days of the bankruptcy filing, created an avoidable preference under 11 U.S.C. § 547(b). This Court finds that under the earmarking doctrine, the alleged preferential transfer...

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