Legal Opinion

Hoxworth v. Blinder

Court of Appeals for the Tenth Circuit

Decided January 22, 1996No. Nos. 94-1474, 94-1508PublishedCited by 26 opinions

1Opinion of the Court

JOHN P. MOORE, Circuit Judge.

Defendants Meyer Blinder and Lillian Blinder appeal a decision of the district court, asking us to decide whether a judgment creditor may assert an equitable lien against assets excluded from a bankruptcy estate pursuant to a settlement agreement when the creditor was also an unsecured creditor of the estate and in privity with the trustee by virtue of the unsecured claim. We conclude the creditor is neither in privity with the trustee nor otherwise barred by the settlement agreement from asserting its secured lien. Consequently, we affirm the district court.

The…

2Cases cited10 opinions

  1. Allen v. McCurrySupreme Court of the United States · 1980
  2. Cromwell v. County of SacSupreme Court of the United States · 1877
  3. Hoxworth v. Blinder, Robinson & Co.Court of Appeals for the Third Circuit · 1992
  4. In the Matter of Gerald Lewis Tarnow, Debtor. Appeal of Commodity Credit CorporationCourt of Appeals for the Seventh Circuit · 1984
  5. Raymond Keith Foster, Keith Mfg. Co., and Keith Sales, Co. v. Hallco Manufacturing Co., Inc., and Olof A. HallstromCourt of Appeals for the Federal Circuit · 1991

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3Cited by26 opinions

  1. Carole M. Rein Paul M. Driscoll William F. Croce Tina W. Croce and Paul Frenette v. Providian Financial CorporationCourt of Appeals for the Ninth Circuit · 2001
  2. United States v. ClarkCourt of Appeals for the Tenth Circuit · 2013
  3. B-Line, LLC v. Kirkland (In Re Kirkland)Bankruptcy Appellate Panel of the Tenth Circuit · 2007
  4. Webster v. Hope (In Re Hope)District Court, District of Columbia · 1999
  5. Akins v. Worley Catastrophe Response, LLCDistrict Court, E.D. Louisiana · 2013

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