Section 6.40 Assignability

• Library: Bankruptcy Practice (2007 Ed. + 2015 Cum Supp)

4. (§6.40) Assignability

Assignment of fraudulent transfer actions by the trustee is generally prohibited. In re Conley, 159 B.R. 323, 324 (Bankr. D. Idaho 1993) (citing Grass v. Osborn, 39 F.2d 461 (9^th Cir. 1930)). “Individual creditors generally have no remedy to institute such an action except through the trustee or debtor-in-possession.”
In re Curry & Sorensen, Inc., 57 B.R. 824, 827–28 (B.A.P. 9^th Cir. 1986). But both districts in Missouri have allowed a “representative of the estate,” other than...