IN RE JAROSZ

Bankruptcy No. 03-22102-SVK, Adversary No. 04-2020.

322 B.R. 662 (2005)

In re Mark A. JAROSZ and Tammi L. Jarosz, Debtors. Glenn O. Givens, Jr., Trustee, Plaintiff, v. Countrywide Home Loans, Inc., et al., Defendants.

United States Bankruptcy Court, E.D. Wisconsin.

March 28, 2005.


Attorney(s) appearing for the Case

Curtis R. Czachor, Green Bay, WI, for Debtors.

Glenn 0. Givens, Jr., Milwaukee, WI, pro se.


MEMORANDUM DECISION

SUSAN V. KELLEY, Bankruptcy Judge.

The bankruptcy trustee filed this adversary proceeding to avoid a mortgage, because the mortgage note signed by the Debtors was dated December 18, 2002, but the mortgage was not recorded until January 17, 2003, more than ten days after the note was executed and within 90 days of the Debtors' bankruptcy petition. The Trustee claims that the tardy recordation of the mortgage is an avoidable preference...

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