- 11 U.S.C.
Grant Konvalinka & Harrison PC v Still (In re McKenzie)
Dec
17
2013
Ruling
Creditor required to establish validity of security interest in collateral when seeking relief from stay and trustee could use avoidance powers to defeat relief from stay after two year limitations period.
Issue(s)
Which party bears the burden of establishing the validity of a creditor's security interest in the debtor's property and may a trustee use his hypothetical lien-creditor status and avoidance powers to oppose a motion for relief from the automatic stay after the expiration of the two-year statutory limitation on avoidance actions.
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Court
:
Judge or Jurisdiction information not available