Legal Opinion

In Re Lynn

United States Bankruptcy Court, S.D. New York

Decided December 4, 2002No. 19-22605PublishedCited by 5 opinions

1Opinion of the Court

DECISION AND ORDER ON DEBTOR’S MOTION TO INVALIDATE ASSIGNMENT OF CLAIM

ROBERT D. DRAIN, Bankruptcy Judge.

Harold Lynn, the above-captioned debt- or (“Lynn” or the “Debtor”), has moved for entry of an order under section 105(a) of the Bankruptcy Code and Bankruptcy Rule 3001 invalidating the assignment of a claim in his chapter 7 case from Nationwide Auction Co. (“Nationwide”) to Goyakla, Inc. (“Goyakla”) on the ground that Goyakla, or, more specifically, Goyakla’s principal, John E. Silverman (“Silver-man”), 1 engaged in champerty.

Because Bankruptcy Rule 3001(e), which governs the assignment…

2Cases cited15 opinions

  1. In Re: Jerasimos Papapanayotou, Esq., Jerasimos Papapanayotou, Esq. v. Jeffrey Sapir, Esq., as Chapter 7 TrusteeCourt of Appeals for the Second Circuit · 2000
  2. American United Mutual Life Insurance v. City of Avon ParkSupreme Court of the United States · 1940
  3. Citicorp Venture Capital, Ltd., a New York Corporation v. Committee of Creditors Holding Unsecured Claims, and Committee of Creditors Holding Unsecured Claims as Estate Representative of Papercraft Corporation (d.c. Civil No. 95-Cv-01872). Committee of Creditors Holding Unsecured Claims, and Committee of Creditors Holding Unsecured Claims as Estate Representative of Papercraft Corporation v. Citicorp Venture Capital, Ltd., a New York Corporation (d.c. Civil No. 95-Cv-01886)Court of Appeals for the Third Circuit · 1998
  4. Moses v. . McDivittNew York Court of Appeals · 1882
  5. Elliott Associates, L.P. v. Banco De La Nacion and the Republic of PeruCourt of Appeals for the Second Circuit · 1999

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3Cited by5 opinions

  1. NOVA Information Systems, Inc. v. Premier Operations, Ltd. (In Re Premier Operations)District Court, S.D. New York · 2003
  2. In re MoehringUnited States Bankruptcy Court, S.D. Ohio · 2013
  3. In Re Final Analysis, Inc.United States Bankruptcy Court, D. Maryland · 2008
  4. Ashmeen ModikhanUnited States Bankruptcy Court, E.D. New York · 2021
  5. LATAM Airlines Group S.A., et al.United States Bankruptcy Court, S.D. New York · 2022

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