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IN RE BREMER

BAP Nos. CO-08-080, CO-08-081. Bankruptcy Nos. 07-22479 ABC, 08-10187 ABC. Adversary Nos. 08-01248 ABC, 08-01244-ABC.

408 B.R. 355 (2009)

In re Paul B. BREMER, Suzanne M. Bremer, also known as Suzanne Marie Bremer, formerly known as Suzanne Marie Buckley, formerly known as Suzanne Marie Crow, Debtors. Simon E. Rodriguez, Trustee, Plaintiff-Appellant, v. Daimlerchrysler Financial Services Americas LLC, Defendant-Appellee. In re James Richard Trout, Jennifer Dagmar Trout, formerly known as Jennifer Dagmar Sommer, Debtors. Simon E. Rodriguez, Trustee, Plaintiff-Appellant, v. Drive Financial Services, LP, Defendant-Appellee.

United States Bankruptcy Appellate Panel of the Tenth Circuit.

June 29, 2009.

Attorney(s) appearing for the Case

David Wadsworth of Sender & Wasserman, P.C., Denver, CO, for Plaintiff-Appellant.

Stephen P. Hale of Hale, Dewey & Knight, PLLC, Memphis, TN, (Neal K. Dunning of Brown, Berardini & Dunning, P.C., Denver, CO, with him on the briefs), for Defendant-Appellee Daimlerchrysler Financial Services Americas LLC.

Jack L. Smith (Rochelle N. Rabeler with him on the briefs) of Holland & Hart, LLP, Denver, CO, for Defendant-Appellee Drive Financial Services, LP.

Before NUGENT, THURMAN, and KARLIN, Bankruptcy Judges.

NUGENT, Bankruptcy Judge.

It is commonplace in bankruptcy for trustees to avoid unperfected liens and enforce them for the benefit of the estate. The Bankruptcy Code makes it clear that an avoided lien is retained for the estate's benefit in 11 U.S.C. § 551.1 These cases focus on what additional relief under § 550(a) the trustee may claim from the transferee and when that relief is appropriate.

Simon E. Rodriguez, as...

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