pursuant to a debtor’s prepetition arbitration agreement. Id. See also 11 U.S.C. § 547(b) (“The trustee may avoid any transfer of an interest of the debtor in property....”). But under section 1107 of the Code, a debtor in possession functions in the same way as a trustee for purposes of bringing avoidance actions: “a debtor in possession shall have all the rights, and powers, and shall perform all the functions and duties ... of a trustee serving in a case under this chapter.” 11 U.S.C. § 1107(a). A liquidating trust that obtains the rights to pursue avoidance actions is likewise not bound by an arbitration clause entered into by the prepetition debtor. See OHC Liquidation Trust v. American Bankers Insurance Co. (In re Oakwood Homes Corp.), 2005 WL 670310, at *4 (Bankr.D.Del.2005) (<HOLDING>). Defendants argue that Allegaert is not
holding liquidating trust liable for ust fees 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 a liquidating trust established by a chapter 11 debtor to bring actions to avoid fraudulent and preferential transfers was not bound by an agreement between defendants and the debtor to arbitrate disputes as the trustee of the liquidating trust was bringing the avoidance actions on behalf of creditors holding that property a debtor holds only in trust for another is not an interest of the debtor in property under 11 usc  547b which authorizes the trustee to avoid certain preferential payments to creditors made before bankruptcy