Morris v. St. John Natl Bank (In re Haberman)
Aug
09
2006
Ruling
Trustee's recovery on avoided liens limited to value of collateral on petition date.
Procedural posture
Appellant chapter 7 trustee brought a lien avoidance action against appellee creditor and debtors pursuant to 11 U.S.C. §§ 544(a) and 551. The Bankruptcy Court for the District of Kansas limited the trustee's recovery of postpetition payments to the value of the vehicle on the date of bankruptcy and denied his motion to recover postpetition payments made in excess of the value of that vehicle. The trustee appealed.
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