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Viegelahn v. Amegy Mortg. Co. LLC (In re Colvin)

Viegelahn v. Amegy Mortg. Co. LLC (In re Colvin)

Ruling
Chapter 12 trustee lacked authority to pursue avoidance of creditor's lien.
Procedural posture

Trustee brought an adversary proceeding against mortgage creditor of a chapter 12 bankruptcy debtor-in-possession seeking to avoid the creditor's lien. The creditor moved to dismiss the complaint based on lack of standing.

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Consumer opinion summary, case decided on May 22, 2012 , LexisNexis #0612-065