New Cases For the Week of February 26, 2001 - March 2, 2001

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March 2, 2001

Case

Court

Holding

In re Crow Winthrop Opperating Partnership
(DBN Subscription Required)
9th Cir. The bankruptcy court did not err in invalidating a change in ownership forfeiture provision in a facility management contract assigned by a debtor to a third party.  The provision violated 11 USC 365(f), since any provision, not merely one entitled "antiassignment clause" is subject to court scrutiny regarding its anti-assignment effect.
In re Washington
(DBN Subscription Required)
11th Cir. A Florida attorney's charging lien, asserted against a debtor's homestead, is not a "judicial lien" which can be avoided under 11 USC 522(f), although the lien may be removed if it is otherwise invalid under State law.

March 1, 2001

Case

Court

Holding

Grossman, Trustee v. Berman
(DBN Subscription Required)
1st Cir. The bankruptcy court's failure to provide a meaningful explanation for the reasoning behind its grant of summary judgment wholly prevents appellate review of the ruling, warranting remand.

February 27, 2001

Case

Court

Holding

SEC v. Forex Asset Management
(DBN Subscription Required)
5th Cir. In a federal court equitable receivership action involving an insolvent, fraudulent foreign currency trading debtor, the court did not err in ordering a pro rata distribution of remaining assets despite the clear ability of one of the creditors to trace his funds (representing the majority of the funds that would be distributed to creditors) to a segregated account in which he claimed a constructive trust.
S.CT. Cert. denied in Gordon v. Alcatel Contracting, Inc. (lower court held that when a creditor attorney files a Notice of Appearance and Request for Notice, bankruptcy court and clerk have affirmative duty to serve bar date notice on creditor attorney, and failure to do so justifies late-filed claim)
 
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