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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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