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§ 544(a)(2)

Simpkins, In re

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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Consumer opinion summary, case decided on November 18, 2024 , LexisNexis #0225-020

Harang, In re--Bedwell v. HHHH Dev., Inc.

Ruling
Creditors’ pursuit of former community property claims from debtor’s former spouse had toawait trustee’s decision whether to pursue or abandon the claims. (Bankr. W.D. Tenn.)
Issue(s)
Trustee as Lien Creditor and as Successor to Certain Creditors and Purchasers; Rights

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Consumer opinion summary, case decided on September 01, 2020 , LexisNexis #1120-010

Williamson v. Murray (In re Murray)

Ruling
Bankruptcy court properly denied trustees' motions to use strong arm powers to defeat state law exemption claims.
Issue(s)
Should bankruptcy court have found that the trustees' strong arm powers defeated debtor's state law exemptions in federal and state tax refunds pursuant to earned income tax credit?

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Court :
Judge or Jurisdiction information not available
Consumer opinion summary, case decided on March 04, 2014 , LexisNexis #0314-124

Morris v. Boeing Wichita Credit Union (In re Hicks)

Ruling
Trustee was granted motion to avoid creditor's lien since the certificate of title did not reflect the lien.
Procedural posture

Plaintiff, a chapter 7 trustee, brought an adversary proceeding against defendants, the debtors and their creditor, to avoid a lien pursuant to 11 U.S.C. § 544(a)(2). The creditor filed a third party complaint against third-party defendant, the State of Kansas Department of Revenue ("KDOR"), in the event that the trustee prevailed on his claim. The matter was before the court on a stipulation of facts and briefs of the parties.

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opinion summary, case decided on September 14, 2005 , LexisNexis #0106-091