Is a bankruptcy trustee entitled to recover from an attorney who acted as an escrow holder and attorney for the bankrupt?

federal, United States of America

The following excerpt is from In re Gerson, 35 BR 129 (B.A.P. 9th Cir. 1983):

Elliott v. Glushon, 390 F.2d 514 (9th Cir. 1967), considered whether, under relevant sections of the Bankruptcy Act, recovery is proper against one who did not receive the property involved in an allegedly voidable transaction. The trustee sought to recover against the attorney for the bankrupt who acted as an escrow holder and attorney for the participants in a transfer of property from the bankrupt. It was held that the trustee was not entitled to recover from the attorney because he never received an interest in the property. The court stated that the purpose behind the fraudulent transfer sections of the Bankruptcy Act was to preserve assets of the bankrupt not to render civilly liable all persons who may have contributed in some way to the dissipation of those assets.

Other Questions


Does a foreclosure trustee's execution and delivery of a trustee's deed after the bankruptcy filing constitute ministerial acts within the meaning of the Bankruptcy Code? (federal, United States of America)
Does Section 542 of the Bankruptcy and Insolvency Act, 542(1) of the Code of Civil Procedure, which prohibits a debtor from entering into bankruptcy, or does the Debtors have to close the transactions in order to get out of bankruptcy? (federal, United States of America)
Can a bankrupt's ex-wife's attorney's fees be discharged from his bankruptcy? (MultiRegion, United States of America)
Is a bankruptcy court entitled to attorney's fees for an abuse of discretion? (federal, United States of America)
Does a claim that an attorney's personal tax problems render the attorney incompetent to practice tax law in a case where the attorney has been suspended from practice or disbarred? (MultiRegion, United States of America)
Is a personal injury action of a bankrupt included in the estate of the bankrupt in bankruptcy proceedings? (MultiRegion, United States of America)
Can a pro se attorney who represents one or more plaintiffs recover attorney's fees? (MultiRegion, United States of America)
Does an attorney owe a fiduciary duty to his client to act as a creditor when his client files for bankruptcy? (MultiRegion, United States of America)
Is a plaintiff entitled to attorney's fees under the Civil Procedure Act? (MultiRegion, United States of America)
Does section 311 of the Bankruptcy Act give the bankruptcy court exclusive jurisdiction of the debtor and its property, wherever it is located? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.