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IN RE LEE

No. 06-1538.

530 F.3d 458 (2008)

In re David Scott LEE, Debtor. Chase Manhattan Mortgage Corporation, Plaintiff-Appellee, v. Mark H. Shapiro, Trustee, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: June 26, 2008.

Attorney(s) appearing for the Case

ARGUED: Tracy M. Clark, Steinberg, Shapiro & Clark, Southfield, Michigan, for Appellant. Kelly A. Myers, Myers & Myers, Brighton, Michigan, for Appellee. Samuel K. Crocker, Crocker & Niarhos, Nashville, Tennessee, for Amicus Curiae. ON BRIEF: Tracy M. Clark, Steinberg, Shapiro & Clark, Southfield, Michigan, for Appellant. Kelly A. Myers, Myers & Myers, Brighton, Michigan, Jessica B. Allmand, McDonald Hopkins, LLC, Bloomfield Hills, Michigan, for Appellee. Samuel K. Crocker, Crocker & Niarhos, Nashville, Tennessee, for Amicus Curiae.

COLE, J., delivered the opinion of the court, in which GRIFFIN, J., joined. MERRITT, J. (p. 474), delivered a separate dissenting opinion.

OPINION

R. GUY COLE, JR., Circuit Judge.

Approximately six months before he filed a voluntary Chapter 7 bankruptcy petition, David Scott Lee ("Lee" or "Debtor") refinanced a residential mortgage loan with Chase Manhattan Mortgage Corporation ("Chase"), which was both the holder of the original mortgage and the refinanced mortgage. Seventy-seven days before Lee filed his bankruptcy case, and seventy-two days after Chase had distributed the funds that were...

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