From the Editor – Lien Issues

By The Honorable William Houston Brown (Retired)

Chapter 13 debtor had no authority under § 544. Discussing the split of authority, the Court adopted the majority view that the Code gives § 544 avoidance authority exclusively to the trustee, and the Chapter 13 debtor could not use that power to avoid a mortgage lien. In re Dobbs, _________B.R._________, 2019 WL 137565 (Bankr. E.D. N.Y. Jan. 7, 2019).

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