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Opinion 79

Case Name: 

In re Johnson

Judge: 
Judge Clark
Date: 
Apr-27-1983
Case Number(s): 
82C-1948
Status: 

UNPUBLISHED

Body: 

Chapter 13 debtors moved to disallow creditors' proof of claim, which listed their claim as secured. The court held that chapter 13 debtors do not have 11 U.S.C. § 544 "strong-arm powers," which may only be exercised by chapter 13 trustees. Allowing debtors to exercise such powers, absent a chapter 13 provision that specifically grants them to debtors, as does 11 U.S.C. § 1107(a) in chapter 11 cases, would do violence to the rules of statutory construction.

Internal Ref: 
Opinion 79
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