New Cases For the Week of
February 26, 2001 - March 2, 2001
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March 2,
2001
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Case
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Court
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Holding
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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. |
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March 1,
2001
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Case
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Court
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Holding
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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. |
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February 27,
2001
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Case
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Court
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Holding
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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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