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IN RE BINGHI

No. 03 B 22708(ASH).

299 B.R. 300 (2003)

In re Henry F. BINGHI, and Toni Binghi, Debtors.

United States Bankruptcy Court, S.D. New York.

September 18, 2003.

Attorney(s) appearing for the Case

Reich, Reich & Reich, P.C., By Jeffrey A. Reich, Esq., White Plains, NY, for Debtors.

Durkin & Durkin, By Robert H. Germain, Esq., New York City, for Creditor, Wachovia Bank, N.A.

DECISION ON AVOIDANCE BY A CHAPTER 13 DEBTOR OF A SECURED INTEREST UNDER 11 U.S.C. § 544(a)(3)

ADLAI S. HARDIN, JR., Bankruptcy Judge.

At issue here is whether a Chapter 13 debtor has standing to exercise the so-called "strong arm" power of avoidance under Section 544(a)(3) of the Bankruptcy Code (the "Code"). The powers contained in Section 544 are specifically granted to a trustee. Unlike Sections 1107 and 1203, applicable to Chapter 11 and...

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