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IN RE SCHMIEL

Bankruptcy No. 03-66533-PJS. Adversary No. 04-4023.

319 B.R. 520 (2005)

In the matter of Richard Alan SCHMIEL and Lynn Marie Schmiel, Debtors. Stuart A. Gold, Trustee, Plaintiff, v. Interstate Financial Corporation, Defendant.

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

January 20, 2005.

Attorney(s) appearing for the Case

Stuart A. Gold Law Offices of Gold & Lang, Southfield, MI, trustee.

Robert W. Lee, Harrison Township, MI, for debtors.

OPINION DENYING DEFENDANT'S MOTION FOR SUMMARY JUDGMENT

PHILLIP J. SHEFFERLY, Bankruptcy Judge.

I. Facts

The Trustee in this chapter 7 case 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...

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