Luedtke v. Commerce Bank N.A. (In Re Luedtke)

OPINION

MARY P. GORMAN, United States Bankruptcy Judge.

The Plaintiff, John Robert Luedtke, is the Debtor in a case filed under Chapter 11 of the Bankruptcy Code and is in the process of carrying out the terms of his confirmed, liquidating Chapter 11 Plan. Mr. Luedtke has filed an Amended Complaint which seeks to avoid the lien of the Defendant, Commerce Bank N.A., on real estate which is held in a land trust. Mr. Luedtke is one of the beneficiaries of the land trust. Count One of the Amended Complaint is based on the Debtor’s status as a hypothetical lien creditor under 11 U.S.C. § 544(a)(1),…