Section 6.38 Debtor

LibraryBankruptcy Practice (2007 Ed. + 2015 Cum Supp)

2. (§6.38) Debtor

The debtor ordinarily has no power to employ the trustee’s avoidance powers in a Chapter 7 case. Under 11 U.S.C. § 522(h), the debtor has limited access to the avoidance powers of the trustee. If the trustee could have avoided a transfer under 11 U.S.C. § 548 but does not attempt to do so, the debtor may employ those avoidance powers to...

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