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IN RE PANKEY

Bankruptcy No. 05-67427. Adversary No. 06-5628.

373 B.R. 19 (2007)

In re Bryan Duane PANKEY and Jo Ann Pankey, Debtors. Gene R. Kohut, Trustee, Plaintiff, v. Wells Fargo Bank, N.A., Defendant.

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

July 25, 2007.

Attorney(s) appearing for the Case

Terri Weik, Weik and Associates, P.C., Warren, MI, for Debtors.

Donna J. Lehl, Southfield, MI, for Plaintiff.

Christopher Gregory Bovid, Brighton, MI, for Defendant.

Opinion Regarding Motion for Summary Judgment

STEVEN W. RHODES, Chief Bankruptcy Judge.

Gene Kohut, the chapter 7 trustee, filed this adversary proceeding to avoid a mortgage on the debtors' real property. He seeks to avoid the mortgage as a preferential transfer pursuant to 11 U.S.C. § 547(b), asserting that the mortgage was perfected during the 90 days prior to the debtors' bankruptcy. Wells Fargo has...

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