Legal Opinion
Batt v. Scully
District Court, D. New Jersey
Decided May 16, 1994No. Civ. A. 93-1455PublishedCited by 7 opinions
1Opinion of the Court
OPINION
BROTMAN, Senior District Judge:
The novel issue before the court in this bankruptcy appeal is whether under New Jersey law real estate salespersons are entitled to an equitable lien against their broker on sale proceeds received by the broker after the broker has entered bankruptcy proceedings. For the reasons set forth below, the court holds that the agents do not have an equitable lien.
I. BACKGROUND
A. Facts
The facts with respect to the relationship between the parties are not in dispute. William J. Leahy (“Leahy”) was the former president, shareholder, and broker of record of Leahy…
2Cases cited27 opinions
- Erie Railroad v. TompkinsSupreme Court of the United States · 1938
- Pennsylvania Glass Sand Corporation v. Caterpillar Tractor CompanyCourt of Appeals for the Third Circuit · 1981
- In Re Delores C. Brown, Debtor v. Pennsylvania State Employees Credit UnionCourt of Appeals for the Third Circuit · 1988
- Ellsworth Dobbs, Inc. v. JohnsonSupreme Court of New Jersey · 1967
- Sharon Steel Corporation v. National Fuel Gas Distribution Corporation, Intervenor: James W. Toren, TrusteeCourt of Appeals for the Third Circuit · 1989
22 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- In re D'AngeloUnited States Bankruptcy Court, E.D. Pennsylvania · 2013
- D'Angelo v. J.P. Morgan Chase Bank, N.A. (In re D'Angelo)United States Bankruptcy Court, E.D. Pennsylvania · 2012
- In re Roper & Twardowsky, LLCUnited States Bankruptcy Court, D. New Jersey · 2016
- Kramer v. Alston (In Re Alston)United States Bankruptcy Court, D. New Jersey · 2005
- Pauley & McDonald, Inc. v. BrownUnited States Bankruptcy Court, D. Arizona · 1996
2 more not listed; retrieve them via the Exa API.