- 11 U.S.C.
Farmer v. Green Tree Serv. LLC (In re Snelson)
Sep
13
2005
Ruling
Trustee could not avoid creditor's lien since the creditor's security interest was perfected despite a clerical error in the description of the collateral.
Procedural posture
Plaintiff, a chapter 7 trustee in bankruptcy, filed an adversary complaint seeking to avoid a lien on the debtor's mobile home held by defendant creditor, pursuant to 11 U.S.C. § 544, to recover the value of the mobile home for the benefit of the debtor's estate under 11 U.S.C. § 551. The trustee claimed the lien was avoidable due to a clerical error in the description of the collateral. Both parties moved for summary judgment.
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Court
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