- 11 U.S.C.
Kuo, In re--Kuo v. Schulman
Feb
24
2025
Ruling
Court held that Chapter 13 debtors have standing to exercise the trustee's avoidance powers when doing so would benefit the estate and creditors. (Bankr. N.D. Cal.)
Issue(s)
Trustee as Lien Creditor and as Successor to Certain Creditors and Purchasers; Rights and Powers; Trustee’s Avoidance Powers as Judicial Lien Creditor.
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- 11 U.S.C.
Simpkins, In re
Nov
18
2024
Ruling
Trustee had a higher priority than the holder of an unperfected lien and could avoid it. (Bankr. D.N.J.)
Issue(s)
Trustee as Lien Creditor and as Successor to Certain Creditors and Purchasers; Rights and Powers; Trustee’s Avoidance Powers as Creditor with Unsatisfied Writ of Execution.
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Court
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- 11 U.S.C.
Fix, In re--Cafferty v. Fix
Mar
29
2024
Ruling
Factual issues precluded summary judgment in avoidance proceeding involving unrecordedinterest in real estate. (Bankr. N.D. Ohio)
Issue(s)
Trustee as Lien Creditor and as Successor to Certain Creditors and Purchasers; Rights
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Ho Wan Kwok, In re--Despins v. Lamp Cap. LLC
Mar
22
2024
Ruling
Bankruptcy court had jurisdiction over claims brought by the trustee against several creditorsas a hypothetical creditor could bring these claims. (Bankr. D. Conn.)
Issue(s)
Trustee as Lien Creditor and as Successor to Certain Creditors and Purchasers; Rights and
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Legacy Cares, Inc., In re--OVG Facilites, LLC v. Legacy Cares, Inc.
Nov
21
2023
Ruling
Creditor could not obtain turnover of any of the personal property collateral as the securityinterests were unperfected and were defeated by the trustee’s hypothetical lien. (Bankr. D.Ariz.)
Issue(s)
Trustee as Lien Creditor and as Successor to Certain Creditors and Purchasers; Rights and
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Legacy Cares, Inc., In re--OVG Facilites, LLC v. Legacy Cares, Inc.
Nov
21
2023
Ruling
Creditor could not obtain turnover of any of the personal property collateral as the securityinterests were unperfected and were defeated by the trustee’s hypothetical lien. (Bankr. D.Ariz.)
Issue(s)
Trustee as Lien Creditor and as Successor to Certain Creditors and Purchasers; Rights and
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Bunch, In re--Milligan v. Parton
Sep
08
2023
Ruling
Trustee was entitled to avoid any right that the defendant might have had in property byvirtue of any executed, but unrecorded, deed of trust and recover the property for the estate.(Bankr. E.D. Tenn.)
Issue(s)
Trustee as Lien Creditor and as Successor to Certain Creditors and Purchasers; Rights and
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- 11 U.S.C.
Anstaett, In re--Williamson v. Southwind Bank
Jun
13
2023
Ruling
Creditor claiming a security interest in a refinanced vehicle was not entitled to summaryjudgment on the trustee's avoidance claim as the trustee's rights as a lien creditor took priorityover an unperfected security interest. (Bankr. D. Kan.)
Issue(s)
Trustee as Lien Creditor and as Successor to Certain Creditors and Purchasers; Rights
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- 11 U.S.C.
Williams, In re--Hamilton v. Glob. Lending Servs., LLC
Apr
28
2023
Ruling
Creditor's security interest was unperfected under state law and could be avoided. (Bankr. D. Kan.)
Issue(s)
Trustee as Lien Creditor and as Successor to Certain Creditors and Purchasers; Rights and Powers; Trustee’s Avoidance Powers as Judicial Lien Creditor.
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Malone v. IOU Central, Inc.
Sep
30
2022
Ruling
Defendant had no enforceable lien due to failure to dispute secured status when the claim wasdeemed unsecured or during the confirmation process. (Bankr. D. Or.)
Issue(s)
Trustee as Lien Creditor and as Successor to Certain Creditors and Purchasers; Rights and
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