Legal Opinion · Concurrence

In Re Omegas Group, Inc., Debtor. Xl/datacomp, Inc., Plaintiff-Appellant/cross-Appellee v. John R. Wilson, Trustee, Defendant-Appellee/cross-Appellant

Court of Appeals for the Sixth Circuit

Decided February 18, 1994No. 92-5922, 92-5934Published

1Concurrence

RALPH B. GUY, Jr., Circuit Judge,

concurring in the result.

Although I concur in the result reached by the court, I would travel a different route to reach that result.

Section 544(a) of the Bankruptcy Code (11 U.S.C. § 544(a)) establishes the so-called “strong-arm” power of a trustee in bankruptcy. It

gives a bankruptcy trustee the rights and powers of a judicial lien creditor or a bona fide purchaser of real property and allows the trustee to avoid any transfer of property of the debtor or any obligation incurred by the debtor that is voidable by a judicial lien creditor or a bona fide…

2Cases cited9 opinions

  1. Silverberg v. Paine, Webber, Jackson & Curtis, Inc.Court of Appeals for the Eleventh Circuit · 1983
  2. In Re Howard's Appliance Corp., Debtor. Sanyo Electric, Inc. v. Howard's Appliance Corp.Court of Appeals for the Second Circuit · 1989
  3. QUALITY HOLSTEIN LEASING v. McKENZIECourt of Appeals for the Fifth Circuit · 1985
  4. In Re North American Coin & Currency, Ltd.Court of Appeals for the Ninth Circuit · 1985
  5. Universal Bonding Insurance Co. v. Gittens And Sprinkle Enterprises, Inc.Court of Appeals for the Third Circuit · 1992

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