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Gold v. Pasternak (In re Harvey Goldman & Co.)

Gold v. Pasternak (In re Harvey Goldman & Co.)

Ruling
Trustee could avoid security interest of living trust in debtor's property.
Procedural posture

Plaintiff Chapter 7 trustee filed an adversary proceeding against defendants, two individuals who served as trustees of an irrevocable living trust, seeking a determination, inter alia, that he was entitled under 11 U.S.C.S. § 544 to avoid a security interest the trust held in property that belonged to a corporation's Chapter 7 bankruptcy estate. The Chapter 7 trustee filed a motion for summary judgment.

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Commercial opinion summary, case decided on September 13, 2011 , LexisNexis #1011-018