Nazar v. N. Am. Savings Bank (In re Born)
Mar
02
2006
Ruling
Trustee's preserved lien was valued in accordance with Code section 506(a) by giving importance to the proposed use and disposition of the property in question.
Procedural posture
In an adversary proceeding, plaintiff chapter 7 trustee invoked his 11 U.S.C. § 544 hypothetical lien creditor powers to avoid defendant creditor's lien in the debtors'residence, a mobile or manufactured home, as being unperfected under the Kansas Manufactured Housing Act. Debtors were also named as defendants. The matter was pending decision following trial to the court.
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Court
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