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UNPUBLISHED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
File: