- 11 U.S.C.
In re Brinley
Aug
17
2006
Ruling
Unencumbered equity in abandoned property should be preserved for benefit of the estate.
Procedural posture
An unsecured creditor moved for an order finding that the unencumbered equity created by the avoidance of its judgment lien against certain property be preserved for the bankruptcy estate pursuant to 11 U.S.C. § 551. The debtor objected to the motion, arguing that section 551 was inapplicable and that the property in question had been technically abandoned as a result of the closing of the bankruptcy case.
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Court
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