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IN RE MOORHOUSE

Bankruptcy No. 11-14319 K. Adversary No. 12-1018 K.

487 B.R. 151 (2013)

In re Annette J. MOORHOUSE, David A. Moorhouse, Debtors. Morris L. Horwitz, Trustee, Plaintiff v. Gerald Rote, Annalisa Rote, Defendants.

United States Bankruptcy Court, W.D. New York.

February 28, 2013.

Attorney(s) appearing for the Case

Morris L. Horwitz, Esq., Buffalo, NY, Trustee/Plaintiff.

Mark E. Lewis, Esq., Cheektowaga, NY, for Defendants.

OPINION, DECISION AND ORDER

MICHAEL J. KAPLAN, Bankruptcy Judge.

The two questions before the Court are these: What, if anything, can a Chapter 7 trustee attack under 11 U.S.C. § 547 if a mortgage was fully and properly executed outside the preference period, but recorded two years later, within the preference period? And if such trustee prevails, then what has the Chapter 7 estate gained?

These questions are so frequently presented in...

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