Houston v. Eiler (In Re Cohen)
United States Bankruptcy Appellate Panel for the Ninth Circuit
1Opinion of the Court
OPINION
KLEIN, Bankruptcy Judge.
The substantive question is whether appellants’ contractual right to receive funds from the settlement of a tort action can evade the trustee’s “strong-arm” avoiding power either as an automatically-perfected “payment intangible” under Revised Article 9 of the Uniform Commercial Code (“UCC”), or as an enforceable equitable assignment not subject to UCC Article 9.
The jurisdictional question is whether chapter 13 debtors have standing to exercise the trustee’s avoiding powers for the benefit of the estate.
We conclude that chapter 13 debtors have standing to…
2Cases cited32 opinions
- Powers v. OhioSupreme Court of the United States · 1991
- United Sav. Assn. of Tex. v. Timbers of Inwood Forest Associates, Ltd.Supreme Court of the United States · 1988
- Dewsnup v. TimmSupreme Court of the United States · 1992
- In the Matter of Ronald J. Witkowski, Debtor-AppellantCourt of Appeals for the Seventh Circuit · 1994
- United States Ex Rel. Texas Portland Cement Co. v. McCordSupreme Court of the United States · 1914
27 more not listed; retrieve them via the Exa API.
3Cited by34 opinions
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- Hansen v. Green Tree Servicing, LLC (In Re Hansen)Bankruptcy Appellate Panel of the Tenth Circuit · 2005
- Gilliam v. Speier (In Re KRSM Properties, LLC)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2004
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