Legal Opinion

In Re Brooks

United States Bankruptcy Court, W.D. Michigan

Decided March 8, 2000No. 19-01928PublishedCited by 7 opinions

1Opinion of the Court

OPINION REGARDING VALIDITY OF PREPETITION ASSIGNMENT OF STRUCTURED SETTLEMENT RIGHTS

JAMES D. GREGG, Chief Judge.

I. INTRODUCTION

Creditor Settlement Funding LLC, d/b/a Peachtree Settlement Funding (“Settlement Funding”), objects to confirmation of the chapter 13 plan of debtors Derek and Sheria Brooks (collectively “debtors”) on three grounds. The objections all stem from Mr. Brooks’s attempted unilateral nullification of a prepetition assignment of his right to receive periodic payments under a structured settlement agreement. The debtors contend that the assignment is invalid and…

2Cases cited18 opinions

  1. 1 Collier bankr.cas.2d 42, Bankr. L. Rep. P 67,033 Ralph I. Selby, Trustee in Bankruptcy for the Frimberger Corporation v. Ford Motor CompanyCourt of Appeals for the Sixth Circuit · 1979
  2. Marquis v. Hartford Accident & IndemnityMichigan Supreme Court · 1994
  3. Western United Life Assurance Company v. Debra Ann HaydenCourt of Appeals for the Third Circuit · 1995
  4. Fornell v. Fornell Equipment, Inc.Michigan Supreme Court · 1973
  5. Wonsey v. Life Insurance Co. of North AmericaDistrict Court, E.D. Michigan · 1998

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3Cited by7 opinions

  1. Morton v. Kievit (In Re Vallecito Gas, LLC)United States Bankruptcy Court, N.D. Texas · 2011
  2. Grochocinski v. Crossman (In Re Crossman)United States Bankruptcy Court, N.D. Illinois · 2001
  3. In Re JacksonUnited States Bankruptcy Court, W.D. Michigan · 2004
  4. Settlement Funding, LLC v. GarciaDistrict Court, W.D. Texas · 2006
  5. Sullivan v. Paul (In Re Paul)United States Bankruptcy Court, N.D. Illinois · 2001

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