Skip to main content

Page Banner(Taxonomy)

judge martinez

Fiechtner v. American Family Mut. Ins. Co.

Oct
17
2011
Ruling
Debtor's action on undisclosed insurance policy not precluded due to assignment from trustee.
Procedural posture

Defendant insurer made a mid-trial oral motion to dismiss plaintiff former Chapter 7 debtor's action, arguing that the debtor lacked standing to pursue her action.

ABI Membership is required to access the full summary of Fiechtner v. American Family Mut. Ins. Co. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on October 17, 2011 , LexisNexis #1111-023
LexisNexis Article
Learn More

Rose v. Miller

Nov
01
2006
Ruling
RICO action by debtor against trustee's attorney could only be brought by the bankruptcy estate and was dismissed.
Procedural posture

Defendant, an attorney who had represented defendant bankruptcy trustee, filed a motion to dismiss plaintiff's action in which plaintiff alleged that the attorney violated 18 U.S.C. § 1964(c) of the Racketeer Influenced and Corrupt Organizations Act ("RICO"). The bankruptcy trustee and defendant, the trustee's subsequent counsel, previously were dismissed from the action.

ABI Membership is required to access the full summary of Rose v. Miller Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

opinion summary, case decided on November 01, 2006 , LexisNexis #1206-063
LexisNexis Article
Learn More
Subscribe to %1