Case Summary:
After successfully avoiding a lien on a house, a Chapter 7 Trustee moved to sell the house and realize the proceeds that the holder of the avoided lien would have received in a sale. The Debtor disputed the value of the house and argued that the homestead exemption primes the Trustee's position. The Court found that the Trustee took the rights and priority of the holder of the avoided lien and that the Trustee would benefit sufficiently to justify the sale. The application was granted. Section 544.
Statute/Rule References:
11 U.S.C. § 544 -- Trustee as Lien Creditor
11 U.S.C. § 551 -- Automatic Preservation of Avoided Transfer
Wis. Stat. § 242.02 -- Fraudulent Conveyance
Wis. Stat. § 242.04 -- Fraudulent Conveyance
Wis. Stat. § 242.05 -- Fraudulent Conveyance
Key Terms:
Lien Avoidance