Hill v. Akamai Techs. Inc. (In re MS55 Inc.)
Feb
13
2007
Ruling
Waiver of avoidance action by debtor in possession was binding on chapter 7 trustee after conversion.
Procedural posture
Plaintiff bankruptcy trustee filed an avoidance action against defendant secured creditor to recover transfers for the benefit of the bankruptcy estate. A bankruptcy court denied the creditor's motion for summary judgment, and the creditor appealed. The District Court for the District of Colorado reversed the bankruptcy court's judgment, and the trustee appealed.
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