In re Marshall (99-42516)
In cross motions for summary judgment in a preference action filed by the Chapter 13 Trustee, the court granted Defendant’s motion and denied Trustee’s motion. In a case of first impression under Alabama law, the court held that Defendant did not effectuate a lien release. Therefore, Trustee could not avoid the lien under § 547 or § 544.
File:
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Date:
Tuesday, May 1, 2001