Legal Opinion
Rodriguez v. Daimlerchrysler Financial Services Americas LLC (In Re Bremer)
Bankruptcy Appellate Panel of the Tenth Circuit
Decided June 29, 2009No. BAP Nos. CO-08-080, CO-08-081. Bankruptcy Nos. 07-22479 ABC, 08-10187 ABC. Adversary Nos. 08-01248 ABC, 08-01244-ABCPublishedCited by 16 opinions
1Opinion of the Court
NUGENT, Bankruptcy Judge.
It is commonplace in bankruptcy for trustees to avoid unperfeeted liens and enforce them for the benefit of the estate. The Bankruptcy Code makes it clear that an avoided lien is retained for the estate’s benefit in 11 U.S.C. § 551. 1 These cases focus on what additional relief under § 550(a) the trustee may claim from the transferee and when that relief is appropriate.
Simon E. Rodriguez, as Chapter 7 Trustee for the estates in both cases (the “Trustee”), appeals from orders dismissing his claims for money judgments for the value of the liens he avoided under § 550(a)…
2Cases cited18 opinions
- In Re Gerald Dale Burns and Linda Jane Burns, Debtors. Andrew W. Suhar v. Gerald Dale Burns and Linda Jane Burns, Imc Mortgage CompanyCourt of Appeals for the Sixth Circuit · 2003
- Thomas D. Stalnaker, Trustee v. Dlc, Ltd., a Nebraska Corporation Dlc Family Trust, Ltd., a Nebraska CorporationCourt of Appeals for the Eighth Circuit · 2004
- In Re Straightline Investments, Inc.Court of Appeals for the Ninth Circuit · 2008
- Stalnaker v. DLC, Ltd. (In Re DLC, Ltd.)United States Bankruptcy Appellate Panel for the Eighth Circuit · 2003
- General Industries, Inc. v. Shea (In Re General Industries, Inc.)United States Bankruptcy Court, D. Massachusetts · 1987
13 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- USAA Federal Savings Bank v. Thacker (In Re Taylor)Court of Appeals for the Ninth Circuit · 2010
- Rodriguez v. Drive Financial Services, L.P. (In Re Trout)Court of Appeals for the Tenth Circuit · 2010
- Rhiel v. Huntington National Bank (In Re Phalen)United States Bankruptcy Court, S.D. Ohio · 2011
- Hopkins v. Idaho State University Credit Union (In Re Herter)United States Bankruptcy Court, D. Idaho · 2011
- Agin v. PNC Mortgage (In re Spodris)United States Bankruptcy Court, D. Massachusetts · 2014
11 more not listed; retrieve them via the Exa API.