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Warfield v. GMAC (In re Moore)

Warfield v. GMAC (In re Moore)

Ruling
Trustee could avoid lien that did not fit within safe harbor provisions.
Procedural posture

Plaintiff chapter 7 trustee filed an adversary proceeding against defendant creditor seeking to avoid the creditor's lien as an unauthorized postpetition transfer under 11 U.S.C. §§ 549 and 544(a). The trustee also moved to compel turnover of the proceeds of the creditor's sale of the vehicle.

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opinion summary, case decided on October 27, 2006 , LexisNexis #1206-109