Khuu v. Beeren & Barry Invs. LLC (In re Khuu)
Oct
13
2005
Ruling
Court denied a motion to dismiss the debtor's complaint since the complaint stated a claim and the debtors had standing under the circumstances to assert transfer avoidance powers that ordinarily reside with the trustee.
Procedural posture
Plaintiffs, chapter 13 debtors, brought an action to set aside a prepetition foreclosure sale at which defendant purchasers bought debtors'house. Defendants moved to dismiss the complaint for lack of jurisdiction and failure to state a claim for relief.
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Court
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