Legal Opinion

In Re Highland Park Associates Limited Partnership I

United States Bankruptcy Court, N.D. Illinois

Decided September 24, 1991No. 18-35673PublishedCited by 1 opinion

1Opinion of the Court

MEMORANDUM OPINION

RONALD S. BARLIANT, Bankruptcy Judge.

The Debtors, by their new attorneys, have moved pursuant to 11 U.S.C. § 542(e) to compel their former bankruptcy lawyers, Rosenthal and Schanfield, P.C. (“R & S”) to turn over files relating to the Debtor. R & 5 opposes that motion, asserting an attorney’s retaining lien. The motion will be granted.

The opinion principally relied upon by R & S, In the Matter of Matassini, 90 B.R. 508, 509 (Bankr.M.D.Fla.1988), does hold that a retaining lien is not extinguished by bankruptcy, but goes on to hold that “the lien is subject to the provisions…

2Cases cited3 opinions

  1. Needham v. VolivaAppellate Court of Illinois · 1915
  2. Matter of MatassiniUnited States Bankruptcy Court, M.D. Florida · 1988
  3. In Re Norsom Medical Reference Laboratory, Inc.United States Bankruptcy Court, N.D. Illinois · 1981

3Cited by1 opinion

  1. American Metrocomm Corp. v. Duane Morris & Heckscher LLP (In Re American Metrocomm Corp.)United States Bankruptcy Court, D. Delaware · 2002

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