Moyer v. ABN AMRO Mortg. Group Inc. (In re Feringa)
Oct
03
2007
Ruling
Trustee's ability to avoid mortgage was not subject to abandonment.
Procedural posture
Plaintiff, the chapter 7 trustee, commenced an adversary proceeding against defendant creditor, seeking to avoid a mortgage the creditor claimed against the debtors'residence, as a preference pursuant to 11 U.S.C. §§ 547 and 550. The creditor asserted the trustee lacked standing due to the running of the limitations period imposed by 11 U.S.C. § 546(a), that the claim had been abandoned when the trustee caused the case to be dismissed.
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Court
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