- 11 U.S.C.
Wallach v. Brosnahan (In re Brosnahan)
Oct
05
2007
Ruling
Claim based on misconduct of debtor's attorney would properly belong to estate and could not be brought by individual debtor.
Procedural posture
Plaintiff in Intervention, a judgment creditor, asserted that defendant in intervention, a chapter 7 debtor's attorney, participated in various forms of deceit and collusion. The creditor based his claim for damages on N.Y. Jud. Ct. Acts Law § 487, and the attorney sought to dismiss the complaint for failure to state a cause of action.
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Court
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