Legal Opinion
Toole v. Moscone, Emblidge & Quadra, LLP (In re Successor Borrower Services, LLC)
United States Bankruptcy Court, W.D. New York
Decided March 19, 2013No. Bankruptcy No. 09-13505 B; Adversary No. 10-1115 BPublished
1Opinion of the Court
DECISION & ORDER
CARL L. BUCKI, Bankruptcy Judge.
In this Chapter 11 case, the trustee commenced an adversary proceeding to avoid a hen that the debtor had given to secure payment of legal fees that would arise in the defense of ongoing litigation in state court. A resolution of the present dispute requires that we examine the circumstances under which a security interest for legal fees will constitute a fraudulent conveyance. Further, we must consider the impact of 11 U.S.C. § 502(b)(4) and § 506(d) on the allowance of claims for pre-petition legal services.
On June 24, 2008, Elizabeth B. Ross…
2Cases cited4 opinions
- HBE Leasing Corp. v. FrankCourt of Appeals for the Second Circuit · 1995
- HBE Leasing Corp. v. FrankDistrict Court, S.D. New York · 1994
- In Re SillerUnited States Bankruptcy Court, E.D. California · 2010
- In Re City Mattress, Inc.United States Bankruptcy Court, W.D. New York · 1994