New Cases For the Week of May 5, 2003

In re V Companies (DBN Subscription Required)	6th Cir. BAP	Hartford Underwriters Ins. Co. v. Union Planters Bank, N.A., 530 U.S. 1, 120 S. Ct. 1942 (2000) does not overrule prior Circuit precedent allowing a bankruptcy court to assign prosecution of a colorable derivative claim to a creditor or creditors' committee when the debtor refuses to pursue the claim.
In re Kolich (DBN Subscription Required)	8th Cir.	Applying the plain meaning rule, "all other liens" in subsection 522(f)(2)(A)(ii) includes consensual liens junior to the judicial lien at issue
In re Bevan (DBN Subscription Required)	9th Cir.	A senior lender who nonjudicially foreclosed on property encumbered by a junior IRS tax lien, and then paid the debtor's taxes to eliminate the IRS' equity of redemption, was not entitled to be equitably subrogated to the rights of the IRS. Hierophantic?
In re Cellnet Data Systems (DBN Subscription Required)	3rd Cir.	When a debtor sold certain intellectual property to a buyer, but the buyer excluded the assets and liabilities of certain licensing agreements, and the debtor rejected the license agreements, but the licensee exercised its rights under 11 USC 365(n) to continue to use the license and make royalty payments, the right to royalty payments belonged to the debtor, not to the buyer of the intellectual property.
In re Waterpoint International LLC (DBN Subscription Required)	5th Cir.	Although the Texas Trust Fund Act declares funds received by a contractor to be trust funds for the benefit of subcontractors until full payment the subcontractors, the Act exempts the rights of the contractor's secured lenders, who trump the trust fund rights of the subcontractors.