Difference between revisions of "Bankruptcy"

Revision as of 13:46, 3 November 2015

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 [[Abandoning/Surrendering Property]]
-The general avoidance power is at 11 USC 544 .
-The trustee also has avoidance powers under 11 USC 547 for preferences.
- “Transfer” includes a lien.   See s. 101(54) after BAPCPA
-Section 546 places some limitations on the power of avoidance
-(e)(2) gives 30 days to perfect by recording a sale or mortgage of real property.
-Same for creating UCC Interests under 547(c)(3)(B) – but UCC itself may set a shorter time for perfecting.
-Authority for filing to perfect not being a violation of the stay is 362(b)(3) as interpreted in In re Construction Supervision Services