S.D.Ohio 2008) (“[T]o defeat the trustee’s status, a creditor must possess a perfected security interest on the date the debtor filed a bankruptcy petition.” (internal quotation marks omitted)). Under § 544(a)(2), the trustee has the rights and powers of an unsatisfied execution creditor, a hypothetical “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 debt- or that is returned unsatisfied at such time....” 11 U.S.C. § 544(a)(2). A creditor obtaining such an execution could not use it to avoid or otherwise obtain priority over prior perfected mortgages. See Fundex Capital Corp. v. Balaber-Strauss (In re Tampa Chain Co.), 53 B.R. 772, 777-78 (Bankr.S.D.N.Y.1985) (<HOLDING>). Likewise, the holder of a mortgage that is
holding that one who acquires legal title with notice of a prior equitable interest in the property is not a bona fide purchaser holding that unsatisfied execution creditor had rights in property superior to all but prior secured creditors and bona fide purchasers for value holding that the rights of a bona fide purchaser outweighed those of an under secured second mortgage holder recognizing that if a creditors claim is subject to a bona fide dispute that creditor lacks standing to file an involuntary petition holding that property seized by a creditor prior to debtors bankruptcy was property of the estate even though creditor  the irs  held a secured interest  a tax lien  in the property