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2020 Opinions

2020 Site.Year2020ChargingOrderOpinions

2020 Charging Order Opinions

Perez v. Dhillon, 2020 WL 1900447 (E.D.Cal., April 17, 2020).

Wilson v. Pauling, 2020 WL 2197931 (D.Colo., May 6, 2020).

In re Cole, 2020 WL 7233190 (Bk.M.D.Fla., Dec. 8, 2020).

Kostoglou v. Fortuna, 2020 WL 813366 (Fla.App., Feb. 19, 2020).

In re Nilhan Developers, LLC, 2020 WL 6572235 (Bk.N.D.Ga., Nov. 9, 2020).

BMO Harris Bank N.A. v. Smith, 2020 WL 2914838 (June 3, 2020).

AOK Property Investments, LLC v. Boudreaux, _ So.3d __, 2020 WL 7240057, 20-237 (La.App. 5 Cir. Dec. 9, 2020).

Morgan Stanley Smith Barney LLC v. Johnson, 2020 WL 1222684 (March 13, 2020).

Grengs v. Grengs, 2020 ND 242, 2020 WL 6793355 (N.D., Nov. 19, 2020).

435 Elm Investment, LLC v. CBD Investments LP I, 2020 Ohio 943, 2020 WL 1230320 (Ohio App., March 13, 2020).

Steamfitters Union v. Direct Air, LLC, 2020 WL 6131163 (E.D.Pa., 2020).

In re Hafen, 625 B.R. 529 (D.Utah, 2020).

♦ The bankruptcy court issued a memorandum decision on the chapter 7 trustee’s motion to sell alleged estate property and related litigation rights arising from a 2004 case that was reopened in 2018 after creditors filed a state-court fraud/avoidance action against the debtor and others. The trustee proposed an “as is, where is, and if is” sale for $15,277 of whatever interests the estate might have in (among other things) the debtor’s claimed interests in certain limited partnership and LLC interests, a trust (the C.A.R./CAR A Trust), and certain water-rights-related claims; the debtor objected, arguing (among other grounds) transfer restrictions, lack of beneficial interest, that some assets never belonged to him, and that an adversary proceeding and an estate-property determination were required before any sale. The court held that, like a quitclaim deed, the trustee may convey only whatever interest the estate has without warranties, and therefore may sell the water-rights claims and any trust interest even if disputed, without first litigating ownership; it overruled the debtor’s arguments that an adversary proceeding or prior determination was necessary for those items. By contrast, the court concluded that transfer restrictions in the limited partnership and LLC agreements (including rights of first refusal and notice requirements) apply to the trustee’s proposed sale of those interests, and that the earlier notice process did not ensure compliance, so an additional hearing would be required after compliance (potentially via an auction process). The parties stipulated that avoidance powers could be severed if problematic, so the court excluded avoidance actions from the sale, set a continued hearing/status conference for January 25, 2021, and reserved standing issues for later proceedings. ♦