Szybist v. Hipple (In Re Hipple)

OPINION 1

JOHN J. THOMAS, Bankruptcy Judge.

11 U.S.C. § 544(b)(1) reads as follows:

§ 544. Trustee as lien creditor and as successor to certain creditors and purchasers(b)(1) Except as provided in paragraph (2), the trustee may avoid any transfer of an interest of the debtor in property or any obligation incurred by the debtor that is voidable under applicable law by a creditor holding an unsecured claim that is allowable under section 502 of this title or that is not allowable only under section 502(e) of this title.

Exercising the authority granted to a trustee to stand in the shoes of an…