In Re Seibold

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• The trustee cannot preserve a nonexistent lien; where a security agreement did not exist under applicable state law, there is nothing for the trustee to avoid.
• The trustee cannot preserve a nonexistent lien; where a security agreement did not exist under applicable state law, there is nothing for the trustee to avoid.
• “[Section 551] operates to preserve an 6 avoided lien for the benefit of the bankruptcy estate so as to permit the trustee to step into 7 the position of the creditor whose lien has been avoided, thereby preventing a junior lien 8 holder (or a debtor
• “[Section 551] operates to preserve an 9 avoided lien for the benefit of the bankruptcy estate so as to permit the trustee to step into 10 the position of the creditor whose lien has been avoided, thereby preventing a junior lien 11 holder (or a debtor

Source: CourtListener parenthetical corpus (CC0).