Collier Family Law and the Bankruptcy Code: Lien and Transfer Avoidance in Connection With Marital or Family Obligations - General Principles Governing the Trustee's Avoiding Powers Under Sections 544-553
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Collier Family Law and the Bankruptcy Code
Copyright 2009, Matthew Bender & Company, Inc., a member of the LexisNexis Group.
CHAPTER 7 Lien and Transfer Avoidance in Connection With Marital or Family Obligations
1-7 Collier Family Law and the Bankruptcy Code P 7.02
P 7.02 General Principles Governing the Trustee's Avoiding Powers Under Sections 544-553.
[1] Parties Who May Exercise Trustee's Avoiding Powers.
Although they are customarily denominated as the "trustee's avoiding powers," the avoiding powers granted in sections 544-553n1 may be exercised by a number of different parties besides a trustee, depending on the circumstances. (The trustee in a bankruptcy case under any chapter may, of course, always exercise them when they are applicable.)n2
In a chapter 7 case, the trustee appointed by the United States trustee, or thereafter elected by creditors,n3 and normally only that trustee, exercises these powers.