Legal Opinion
In Re Binghi
United States Bankruptcy Court, S.D. New York
Decided September 18, 2003No. 16-35116PublishedCited by 11 opinions
1Opinion of the Court
DECISION ON AVOIDANCE BY A CHAPTER 13 DEBTOR OF A SECURED INTEREST UNDER 11 U.S.C. § 544(a)(3)
ADLAI S. HARDIN, JR., Bankruptcy Judge.
At issue here is whether a Chapter 13 debtor has standing to exercise the so-called “strong arm” power of avoidance under Section 544(a)(3) of the Bankruptcy Code (the “Code”). The powers contained in Section 544 are specifically granted to a trustee. Unlike Sections 1107 and 1203, applicable to Chapter 11 and 12 debtors in possession, Section 1303 of the Code, governing the rights and powers of a Chapter 13 debtor, does not include among the powers conferred a…
2Cases cited29 opinions
- Hartford Underwriters Insurance v. Union Planters Bank, N. A.Supreme Court of the United States · 2000
- Einoder v. Mount Greenwood Bank (In Re Einoder)United States Bankruptcy Court, N.D. Illinois · 1985
- Realty Portfolio, Inc. v. HamiltonCourt of Appeals for the Fifth Circuit · 1997
- Olick v. Parker & Parsley Petroleum Co.Court of Appeals for the Second Circuit · 1998
- Freeman v. Eli Lilly Federal Credit Union (In Re Freeman)United States Bankruptcy Court, E.D. Virginia · 1987
24 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Ryker v. Current (In Re Ryker)United States Bankruptcy Court, D. New Jersey · 2004
- Martyak v. Tioga County (In Re Martyak)United States Bankruptcy Court, N.D. New York · 2010
- Scott v. American Security Insurance Co. (In re Scott)United States Bankruptcy Court, S.D. New York · 2017
- Tyler v. Banks (In re Tyler)United States Bankruptcy Court, N.D. Georgia · 2013
- Carey v. ErnstDistrict Court, S.D. New York · 2005
6 more not listed; retrieve them via the Exa API.