Dianne K. Rudman, What Power Does and Should the Chapter 13 Debtor Have to Avoid Liens and Transfers?, 37 Gonz. L. Rev. 513 (2002).
Chapter 5 of the United States Bankruptcy Act grants powers to a trustee(or a debtor in possession in a reorganization). The powers are to avoid certain transfers of property, or preferential payments made or involuntarily suffered by the bankrupt (or debtor) during specified times preceding and following the filing of a bankruptcy petition. Chapter 5 applies to a Chapter 7, 11, 12 and13 bankruptcy under the Act. Relief ranges from straight bankruptcies under Chapter 7, to reorganization plans used primarily by business debtors under Chapter 11, to wage earner plans under Chapter 13.