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Snow5/18/1999
999). Because I would require that in order to execute against a legal malpractice claim, that claim must be the last asset, once that asset has been sold at an execution sale the debtor will, in all likelihood, be insolvent. Thus, if the execution against the claim took place within a year of the filing and was not for reasonably equivalent value, the trustee will have the power to avoid it. There is no need for the additional blanket protection of the debtor from his lawyer that the majority fashions.
Justice Stewart concurs in Justice Zimmerman's Concurring and Dissenting opinion.
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