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Boening v. Rosen (In re Kaetzel)

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
Nov 17, 2015
622 F. App'x 243 (4th Cir. 2015)

Opinion

No. 15-1427

11-17-2015

In Re: ROBERT L. KAETZEL; VIRGINIA L.W. KAETZEL, Debtors. FRANZ BOENING, Creditor - Appellant, v. GARY ALAN ROSEN, Chapter 7 Trustee in 12-26705 WIL, Plaintiff in AP No. 13-042 WIL, Trustee - Appellee.

Craig B. Leavers, HOFMEISTER, BREZA & LEAVERS, Hunt Valley, Maryland, for Appellant. Rand L. Gelber, Rockville, Maryland, for Appellee.


UNPUBLISHED Appeal from the United States District Court for the District of Maryland, at Greenbelt. J. Frederick Motz, Senior District Judge. (8:14-cv-00668-JFM) Before NIEMEYER and FLOYD, Circuit Judges, and DAVIS, Senior Circuit Judge. Affirmed by unpublished per curiam opinion. Craig B. Leavers, HOFMEISTER, BREZA & LEAVERS, Hunt Valley, Maryland, for Appellant. Rand L. Gelber, Rockville, Maryland, for Appellee. Unpublished opinions are not binding precedent in this circuit. PER CURIAM:

Franz Boening appeals from the district court's order affirming the order of the bankruptcy court denying Boening's motion to compel the trustee to abandon the bankruptcy estate's interest in a lien that was avoided pursuant to 11 U.S.C. 548 (2012). The bankruptcy court denied the motion, determining that the value to the bankruptcy estate of an avoided lien which is preserved for the estate pursuant to 11 U.S.C. § 551 (2012), is equal to the amount of the transfer avoided. We have reviewed the record and the parties' arguments on appeal, and we find no reversible error by either the bankruptcy court or the district court. Accordingly, we affirm for the reasons stated by the district court. Boening v. Rosen, No. 8:14-cv-00668-JFM (D. Md. filed Mar. 20, 2015; entered Mar. 23, 2015). We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before this court and argument would not aid the decisional process.

AFFIRMED


Summaries of

Boening v. Rosen (In re Kaetzel)

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
Nov 17, 2015
622 F. App'x 243 (4th Cir. 2015)
Case details for

Boening v. Rosen (In re Kaetzel)

Case Details

Full title:In Re: ROBERT L. KAETZEL; VIRGINIA L.W. KAETZEL, Debtors. FRANZ BOENING…

Court:UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

Date published: Nov 17, 2015

Citations

622 F. App'x 243 (4th Cir. 2015)