IN RE HECKER

BAP Nos. 13-6005, 13-6006.

496 B.R. 541 (2013)

In re Dennis E. HECKER, Debtor. Randall L. Seaver, Trustee, Plaintiff-Appellant v. New Buffalo Auto Sales, formerly known as New Buffalo Chrysler, LLC; Maurice J. Wagener; Palladium Holdings, LLC; GMAC Mortgage Corporation, Defendants-Appellees. In re Dennis E. Hecker, Debtor. Randall L. Seaver, Trustee, Plaintiff-Appellee v. New Buffalo Auto Sales, formerly known as New Buffalo Chrysler, LLC; Maurice J. Wagener; Palladium Holdings, LLC, Defendants-Appellees GMAC Mortgage Corporation, Defendant-Appellant.

United States Bankruptcy Appellate Panel of the Eighth Circuit.

Decided: August 8, 2013.


Attorney(s) appearing for the Case

Matthew R. Burton , argued and on the brief, Minneapolis, MN, for appellant Randall L. Seaver.

Mychal A. Bruggeman , argued and on the brief, Minneapolis, MN, for appellee Maurice J. Wagener.

William P. Wassweiler , argued and on the brief, James M. Lockhart , Karla M. Vehrs , on the brief, Minneapolis, MN, for appellees New Buffalo Auto Sales and Palladium Holdings.

Keri A. Phillips , argued, Benjamin B. Bohnsack , on the brief, St. Cloud, MN, for appellant GMAC Mortgage Corporation.

Before FEDERMAN, Chief Judge, SALADINO and NAIL, Bankruptcy Judges.


FEDERMAN, Chief Judge.

Trustee Randall L. Seaver appeals from the Bankruptcy Court's Order1 holding that he recover nothing from Defendants New Buffalo Auto Sales, LLC, Maurice J. Wagener, and Palladium Holdings, LLC, on his action to avoid a transfer which occurred when the Defendants perfected their liens on estate property postpetition. GMAC Mortgage Corporation appeals from that part of the Order holding that the automatic stay was...

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