Skip to main content

§ 509(a)

Glaspell, In re--Glaspell v. United States

Ruling
Debtor’s complaint for reimposition of the automatic stay denied and subrogation of creditor’sclaim against the estate was not available as debtor and the estate were not co-debtors. (Bankr.N.D. W. Va.)
Issue(s)
Claims of Codebtors; Subrogation.

ABI Membership is required to access the full summary of Glaspell, In re--Glaspell v. United States Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Court :
Judge or Jurisdiction information not available
Consumer opinion summary, case decided on August 07, 2020 , LexisNexis #0920-058

In re Scott

Ruling
Debtor was not entitled to reimbursement by trustee from estate's share of lawsuit settlement proceeds to make up for garnishment by bank from debtor's own share of proceeds.
Procedural posture

Debtor filed a petition under chapter 7 of the Bankruptcy Code, and a trustee was appointed to administer the debtor's bankruptcy estate. The trustee filed objections to the debtor's claims that a tort claim and a workers' compensation claim he possessed were exempt property, but reached a settlement with the debtor. After the court approved the settlement, the debtor sought relief from the terms of the court's order.

ABI Membership is required to access the full summary of In re Scott Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on September 10, 2009 , LexisNexis #1009-135

CIT GroupEquipment Fin. Inc. v. Airport Shuttle Inc.

Ruling
Guarantors protected from excessive recovery by creditor participating in obligor's bankruptcy.
Procedural posture

Plaintiff leasing company sued defendants, two guarantors, after a tour company defaulted on two master lease agreements. The leasing company had leased motor coaches to a touring company. The leasing company sought summary judgment on two Louisiana guaranty agreements.

ABI Membership is required to access the full summary of CIT GroupEquipment Fin. Inc. v. Airport Shuttle Inc. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

opinion summary, case decided on July 25, 2007 , LexisNexis #0807-113