Franz Boening v. Gary Rosen


UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 8:14-cv-00668-JFM,0:12-bk-26705,0:13-ap-42 Copies to all parties and the district court/agency. [999700158].. [15-1427]

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Appeal: 15-1427 Doc: 21 Filed: 11/17/2015 Pg: 1 of 3 UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 15-1427 In Re: ROBERT L. KAETZEL; VIRGINIA L.W. KAETZEL, Debtors. ----------------------------------FRANZ BOENING, Creditor – Appellant, v. GARY ALAN ROSEN, Chapter 7 Plaintiff in AP No. 13-042 WIL, Trustee in 12-26705 WIL, Trustee - Appellee. 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) Submitted: October 27, 2015 Decided: November 17, 2015 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 Affirmed by unpublished per curiam opinion.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. Appeal: 15-1427 Doc: 21 Filed: 11/17/2015 Pg: 2 of 3 Unpublished opinions are not binding precedent in this circuit. 2 Appeal: 15-1427 Doc: 21 Filed: 11/17/2015 Pg: 3 of 3 PER CURIAM: Franz Boening appeals from the district court’s order affirming the order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. (D. Boening v. Rosen, No. 8:14-cv-00668-JFM Md. filed Mar. 20, dispense with oral argument contentions are 2015; adequately entered because presented in Mar. the the 23, 2015). We facts and legal materials before this court and argument would not aid the decisional process. AFFIRMED 3

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