In Re John Martin-Musumeci, Etc., Debtor. John Martin-Musumeci, Etc. v. Law Offices of Herbert Hafif Pension and Profit Sharing Plan

19 F.3d 28 24 UCC Rep.Serv.2d 698 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. In re John MARTIN-MUSUMECI, etc., Debtor. John MARTIN-MUSUMECI, etc., Plaintiff-Appellant, v. LAW OFFICES OF HERBERT HAFIF PENSION AND PROFIT SHARING PLAN, Defendant-Appellee. No. 92-16528. United States Court of Appeals, Ninth Circuit. Argued and Submitted Jan. 13, 1994. Decided March 10, 1994. 1 Before SCHROEDER, NOONAN, Circuit Judges, and JONES, * District Judge 2 MEMORANDUM ** INTRODUCTION 3 Appellant, a Chapter 11 debtor, alleges that his attorney's pension plan, which loaned appellant money, did not have the right to strictly foreclose on the two percent interest in a trust the plan held as security for the loan. Appellant alleges that the plan was incapable of possessing the trust interest, a general intangible, and as such could not effect a strict foreclosure. 4 Although as a rule a general intangible such as a trust interest cannot be possessed, we affirm the district court because…