IN RE CRANE

Nos. 13-1277, 13-1518.

742 F.3d 702 (2013)

In re Gary CRANE and Marsa S. Crane, Debtors. Appeal of Jeffrey D. Richardson, Chapter 7 Trustee. In re Klasi Properties, LLC, Debtor. Appeal of Robert T. Bruegge, Trustee of the Estate of Klasi Properties, LLC.

United States Court of Appeals, Seventh Circuit.

Decided December 23, 2013.


Attorney(s) appearing for the Case

Joanne Turner Stevenson , Lackey & Stevenson, Centralia, IL, for Appellee.

Steven M. Wallace , Attorney, Kunin Law Offices, Collinsville, IL, for Trustee-Appellant.

Jeffrey D. Richardson , Decatur, IL, for Plaintiff-Appellant.

Mark A. Berkoff , Nicholas M. Miller , Neal, Gerber & Eisenberg LLP, Chicago, IL, for Defendant-Appellee.

Before CUDAHY, RIPPLE, and HAMILTON, Circuit Judges.


HAMILTON, Circuit Judge.

Under 11 U.S.C. § 544(a)(3), a trustee in bankruptcy has the so-called "strong-arm" power to "avoid ... any obligation incurred by the debtor that is voidable by — a bona fide purchaser of real property ... from the debtor...." In these two appeals, we address a question that has divided bankruptcy courts in Illinois and pitted mortgage lenders against unsecured creditors. The question...

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