appropriate judgment will be entered. 1 . Cases holding that Chapter 13 Debtor has standing to bring avoidance actions: See, e.g., In re Fitzgerald, 237 B.R. 252, 262 n. 14 (Bankr.D.Conn.1999) (citing several cases from that district which concluded that a chapter 13 debtor can use the trustee’s avoidance powers); Hernandez v. Cantu (In re Hernandez), 150 B.R. 29, 30 (Bankr.S.D.Tex.1993) (finding that the Chapter 13 debtor has standing under § 548); Robinson v. Taylor (In re Robinson), 80 B.R. 455, 457 (Bankr.N.D.Ill.1987) ("The court agrees with those cases holding that Chapter 13 debtors have all the avoiding powers of a trustee.” (debtor allowed to bring suit under 11 U.S.C. § 548, alleging lack of reasonably equivalent value)); In re Einoder, 55 B.R. 319, 322 (Bankr.N.D.Ill.1985) (<HOLDING>). Cases holding that Chapter 13 Debtor lacks
holding that notwithstanding a debtors inability to obtain a chapter 13 discharge a debtor is nonetheless eligible to file a chapter 13 case holding in a case where a chapter 11 trustee was appointed after a period during which the debt or had operated as debtor in possession that a chapter 11 trustee has two years from the date of his appointment not from the commencement of the chapter 11 case to bring avoidance actions holding that chapter 13 debtors have standing to bring avoidance actions by reasoning that chapter 13 trustee has standing but little incentive to bring avoidance actions that will result in benefit to debtors of recovering exempt assets holding that there is no statutory authority in chapter 13 which grants a chapter 13 debtor independent standing to sue under the trustees  avoidance power holding that derivative standing is available to a creditor to pursue avoidance actions when it shows that a chapter 7 trustee  is unable or unwilling to do so