Legal Opinion
In Re Brown
United States Bankruptcy Court, N.D. West Virginia
Decided September 29, 2006No. 02-53538PublishedCited by 3 opinions
1Opinion of the Court
MEMORANDUM OPINION
PATRICK M. FLATLEY, Bankruptcy Judge.
Martin P. Sheehan, the Chapter 7 trustee (the “Trustee”) for Eugene and Debra Brown (the “Debtors”), seeks court approval to release the Debtors’ pre-petition cause of action against Ameriquest Mortgage Company (“Ameriquest”) to the Debtors in exchange for a payment of $40,000. Ameriquest objects to the Trustee’s proposed course of action on the grounds that the cause of action against it is not assignable, and even if it is, then the “sale” of the cause of action should be open to higher and better offers. Ameriquest also questions the…
2Cases cited25 opinions
- Lujan v. Defenders of WildlifeSupreme Court of the United States · 1992
- Hilton v. BraunskillSupreme Court of the United States · 1987
- Direx Israel, Ltd. Direx, Incorporated v. Breakthrough Medical Corporation Zvi Porath Avner SpectorCourt of Appeals for the Fourth Circuit · 1992
- Rum Creek Coal Sales, Inc. v. CapertonCourt of Appeals for the Fourth Circuit · 1991
- In Re GucciCourt of Appeals for the Second Circuit · 1997
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3Cited by3 opinions
- In re Alpha Natural Resources, Inc.United States Bankruptcy Court, E.D. Virginia · 2016
- Schelin v. MalloyUnited States Bankruptcy Court, E.D. Virginia · 2024
- Schelin v. MalloyUnited States Bankruptcy Court, E.D. Virginia · 2024