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In re Lortz

In re Lortz

Ruling
Trustee was allowed to avoid lien since creditor's clerical error and erroneous release of title made creditor unsecured creditor.
Procedural posture

A chapter 7 trustee sought to avoid a creditor's lien, pursuant to 11 U.S.C. § 544(a)(1), the "strong arm provision." The creditor filed a motion for relief from the automatic stay.

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opinion summary, case decided on June 16, 2006 , LexisNexis #0706-044