United States Tenth Circuit

In a bankruptcy trustee's appeal from a decision of the bankruptcy appellate panel affirming the bankruptcy court's determination that, having successfully avoided a preferential vehicle lien under 11 U.S.C. section 547, the trustee was not entitled to a money judgment equal to the value of the avoided liens under section 550(a), the order is affirmed where the bankruptcy estate had been sufficiently returned to its pre-transfer status by avoiding the preferential lien at issue and stepping into the lien priority of the avoided creditor under 11 U.S.C. section 551.

Appellate Information

• Decided 06/23/2010
• Published 06/23/2010

Judges

• HAWKINS, Senior Circuit Judge., Before BRISCOE, Chief Judge, HAWKINS and O'BRIEN, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• David V. Wadsworth, Sender & Wasserman, Denver, CO, for Plaintiff-Appellant.


• For Appellees:
  
• Jack L. Smith, Holland & Hart, and Stephen P. Hale, Hale Dewey & Knight, Memphis, TN, (Stephen G. Masciocchi and Rochelle N. Rabeler, with him on the brief), for Defendants-Appellees.