11 U.S.C. § 544 : US Code - Section 544: Trustee as lien creditor and as successor to certain creditors and purchasers

Search 11 U.S.C. § 544 : US Code - Section 544: Trustee as lien creditor and as successor to certain creditors and purchasers

(a) The trustee shall have, as of the commencement of the case,
and without regard to any knowledge of the trustee or of any
creditor, the rights and powers of, or may avoid any transfer of
property of the debtor or any obligation incurred by the debtor
that is voidable by -
(1) a creditor that extends credit to the debtor at the time of
the commencement of the case, and that obtains, at such time and
with respect to such credit, a judicial lien on all property on
which a creditor on a simple contract could have obtained such a
judicial lien, whether or not such a creditor exists;
(2) a creditor that extends credit to the debtor at the time of
the commencement of the case, and obtains, at such time and with
respect to such credit, an execution against the debtor that is
returned unsatisfied at such time, whether or not such a creditor
exists; or
(3) a bona fide purchaser of real property, other than
fixtures, from the debtor, against whom applicable law permits
such transfer to be perfected, that obtains the status of a bona
fide purchaser and has perfected such transfer at the time of the
commencement of the case, whether or not such a purchaser exists.
(b)(1) Except as provided in paragraph (2), the trustee may avoid
any transfer of an interest of the debtor in property or any
obligation incurred by the debtor that is voidable under applicable
law by a creditor holding an unsecured claim that is allowable
under section 502 of this title or that is not allowable only under
section 502(e) of this title.
(2) Paragraph (1) shall not apply to a transfer of a charitable
contribution (as that term is defined in section 548(d)(3)) that is
not covered under section 548(a)(1)(B), by reason of section
548(a)(2). Any claim by any person to recover a transferred
contribution described in the preceding sentence under Federal or
State law in a Federal or State court shall be preempted by the
commencement of the case.