IN RE CARVELL

BAP No. EP 97-114.

222 B.R. 178 (1998)

In re Linda M. CARVELL, Debtor. Linda M. CARVELL, Plaintiff/Appellee, v. BANK ONE, LAFAYETTE, N.A., et al., Defendant/Appellant.

United States Bankruptcy Appellate Panel of the First Circuit.

June 1, 1998.


Attorney(s) appearing for the Case

Stanley Greenberg, Esq., Portland, ME, on brief for Appellant.

Gerald S. Cope, Esq., Portland, ME, on brief for Appellee.

Before QUEENAN, HILLMAN and VAUGHN, Bankruptcy Judges.


QUEENAN, Bankruptcy Judge.

Section 551 of the Bankruptcy Code states that there is "preserved for the benefit of the estate" any transfer avoided under the estate representative's various avoidance powers, including the representative's powers under section 544(a), the so-called "strong arm clause." 11 U.S.C. § 551 (1994). This appeal presents the question whether such preservation grants the estate priority over other liens even though under state law the other...

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