Wells Fargo Home Mortgage v. Lindquist, No. 08-3442

In an action by a Chapter 7 bankruptcy trustee to avoid the pre-petition transfer of a mortgage from debtor to a bank, summary judgment for plaintiff is affirmed where: 1) because defendant-bank was already a creditor of the debtor when it received the mortgage from the debtor, the mortgage was transferred "to or for the benefit of a creditor"; and 2) the transfer of the mortgage diminished the bankruptcy estate.

Read Wells Fargo Home Mortgage v. Lindquist, No. 08-3442

Appellate Information

Submitted: October 22, 2009

Filed: January 11, 2010

Judges

Opinion by Judge Gruender