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WELLS FARGO HOME MORTGAGE, INC. v. LINDQUIST

No. 08-3442.

592 F.3d 838 (2010)

WELLS FARGO HOME MORTGAGE, INC., now known as Wells Fargo Bank Minnesota, National Association, Appellant, v. Dwight R.J. LINDQUIST, in his capacity as Chapter 7 Trustee of the bankruptcy estate of Dean Harold Westlund, Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: January 11, 2010.

Attorney(s) appearing for the Case

Allen Edward Christy, Jr., argued, Patrick Charles Summers, Andrew P. Moratzka, on the brief, Minneapolis, MN, for appellant.

Cynthia L. Hegarty, argued, Patrick Bernard Hennessy, Minneapolis, MN, for appellee.

Before RILEY, SMITH and GRUENDER, Circuit Judges.

GRUENDER, Circuit Judge.

On October 14, 2005, Dean Harold Westlund ("the debtor") filed a petition for Chapter 7 bankruptcy relief. Dwight R.J. Lindquist, the Chapter 7 trustee, filed suit against Wells Fargo Home Mortgage, Inc. under 11 U.S.C. § 547 to avoid the prepetition transfer of a mortgage from the debtor to Wells Fargo. The bankruptcy court1 granted summary judgment in favor of the trustee and ordered Wells Fargo to pay the...

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