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Mortgage foreclosure as a voidable preference

  • Seyfarth Shaw LLP
  • -
  • USA
  • -
  • June 7 2011

Prior to the 1984 Amendments to the Bankruptcy Code1 (BAFJA), there was a split as to whether a transfer of title to real estate by virtue of a mortgage foreclosure constituted a transfer as defined in 101 of the Bankruptcy Code