Franz Boening v. Gary Rosen

Filing

UNPUBLISHED PER CURIAM OPINION filed.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]

Appeal: 15-1427

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UNPUBLISHED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Affirmed by unpublished per curiam opinion.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.

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Unpublished opinions are not binding precedent in this circuit.

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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