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Case Citations [1] (April 2017 through August 2017)

handle is hein.ali/relwsec0586 and id is 1 raw text is: SECURITY DIVISION I. PERSONAL PROPERTY AS SECURITY CHAPTER 1. PLEDGES TOPIC 1. NATURE AND REQUISITES OF PLEDGES § 1. Pledge Defined C.A.6, Bkrtcy.App.2016. Com. (a) cit. in case quot. in sup. Chapter 7 trustee brought an adversary proceeding against debtor's attorney, seeking to avoid and recover as preferential or fraudulent debtor's transfer of two cars to attorney as payment for legal services; although debtor gave attorney possession of the titles to the cars and the cars themselves before the 90-day look-back period, he did not transfer ownership of the cars-by signing over the titles and completing assignment-of-ownership forms-until six days before filing for bankruptcy. After a hearing, the bankruptcy court entered judgment for trustee in the amount of the fair market value of the cars, finding that attorney did not have a contractual security interest via mere possession of either the titles or the cars under Ohio law. Affirming, this court held that, at best, attorney had a common-law pledge under Restatement of Security § 1, which was a contract in which a pledgor and a pledgee intended for the pledged property to be held as security. In re Hadley, 561 B.R. 384, 392. CHAPTER 2. POSSESSORY LIENS § 62. Persons Entitled to General Possessory Liens C.A.6, Bkrtcy.App.2016. Com. (i) quot. in sup. Chapter 7 trustee brought an adversary proceeding against debtor's attorney, seeking to avoid and recover as preferential or fraudulent debtor's transfer of two cars to attorney as payment for legal services; although debtor gave attorney possession of the titles to the cars and the cars themselves before the 90-day look-back period, he did not transfer ownership of the cars-by signing over the titles and completing assignment-of-ownership forms-until six days before filing for bankruptcy. After a hearing, the bankruptcy court entered a judgment for trustee in the amount of the fair market value of the cars, finding that attorney did not have an attorney's lien via mere possession of either the titles or the cars under Ohio law. Affirming, this court held that attorney did not have a retaining lien on the cars under Restatement of Security § 62, because debtor's delivery of the titles and transfer of the vehicles to attorney was in no way related to attorney's representation of debtor; rather, debtor voluntarily tendered the titles and vehicles as security for, and then in payment of, attorney's claim for legal fees. In re Hadley, 561 B.R. 384, 391. DIVISION II. SURETYSHIP A L Im For earlier citations, see the Appendices, Supplements, or Pocket Parts, if any, that correspond to the subject matter under examination.

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