The Trustee in Bankruptcy as a Secured Creditor Under the Uniform Commercial Code

Authors

Frank R. Kennedy, University of Michigan Law SchoolFollow

Abstract

The thesis of this article is that a trustee cannot exploit the advantage of the lien or security of any creditor unless he can avoid it and displace a creditor. Moreover, when he can and does avoid a lien and displace a creditor, he can enforce the rights of that creditor as against any lien or interest otherwise indefeasible in bankruptcy only to the extent of the lien or security of the creditor he displaces.

Recommended Citation

Frank R. Kennedy, The Trustee in Bankruptcy as a Secured Creditor Under the Uniform Commercial Code, 65 Mich. L. Rev. 1419 (1967).
Available at: https://repository.law.umich.edu/mlr/vol65/iss7/8