Author, "Section 362(h) Does Not Deprive a Trustee of Standing to Void a Lien"

The American Bankruptcy Institute published an article written by AGG Partner Neil C. Gordon in the December/January 2011 edition of its monthly publication, the ABI Journal. Two sections of the Bankruptcy Code require individual debtors to file statements of intention with respect to secured property, but a recent decision from the Bankruptcy Court in the Southern District of Ohio holds that the operation of these sections can divest a trustee of standing to avoid a lien. Mr. Gordon says that this decision is fundamentally flawed because the provisions of another section of the code are the only means by which a trustee can abandon property of the estate. He says that the ruling would strip a trustee of the ability to administer a secured asset 30 days after a case is filed without any notice to creditors or a hearing. The full article is titled “Section 362(h) Does Not Deprive a Trustee of Standing to Avoid a Lien.”