1. Home
  2. Browse Decisions
  3. B.R.
  4. 305 B.R.
  5. 305 B.R. 886 (2004)
 

IN RE COHEN

BAP No. OR-03-1306-KMuB, Bankruptcy No. 02-35671-tmb13, Adversary No. 02-03586-tmb.

305 B.R. 886 (2004)

In re Lewis Irving COHEN and Peggy Lynn Chesnut-Cohen, Debtors. Christine Houston and Helen Getsey, Appellants, v. Kenneth S. Eiler, Chapter 7 Trustee; IRA Freydkis; Bank of Astoria; Lewis Irving Cohen; Peggy Lynn Chesnut-Cohen; Appellees.

United States Bankruptcy Appellate Panel of the Ninth Circuit.

Filed February 24, 2004.

Attorney(s) appearing for the Case

Tara J. Schleicher, Farleigh, Wada & Witt, Portland, OR, for Christine Houston and Helen Getsey.

Robert Vanden Bos, Vanden Bos & Chapman, Portland, OR, for Lewis I. Cohen and Peggy Chesnut-Cohen.

Before KLEIN, MUND, and BRANDT, Bankruptcy Judges.

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...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases