From the Editor - Avoidance • NACTT Academy

From the Editor – Avoidance

By The Honorable William Houston Brown (Retired)

Chapter 7 trustee’s avoidance of post-petition mortgage lien. After filing Chapter 7, the debtor, without prior authority, refinanced property of the estate twice and the trustee sought avoidance of the mortgage lien under § 549. No defense was available because the mortgagee did not qualify as a good faith transferee, having knowledge of the bankruptcy filing as a pre-petition creditor. Under § 550, recovery could be the property or value of the avoided lien. In re Lemmons, ___ B.R. ___, 2019 WL 3806519 (Bankr. D. Idaho Aug . . .

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