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Merv Props. LLC v. Fifth Third Bank (In re Merv Props. LLC)

Jan
17
2014
Ruling
Withdrawal of reference properly denied where claims could most efficiently be adjudicated in bankruptcy court.
Issue(s)
Should reference of debtor's action against bank for breach of contract and fraud be withdrawn?

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Commercial opinion summary, case decided on January 17, 2014 , LexisNexis #0714-027
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Stephenson v. Malloy

Oct
30
2012
Ruling
Debtor's inadvertent omission of cause of action from schedules did not bar trustee from pursuing case.
Procedural posture

The U.S. District Court for the Eastern District of Michigan granted summary judgment to defendants, a driver and the driver's employer, on debtor's negligence action, on grounds of judicial estoppel for the debtor's failure to list the suit as assets in his bankruptcy under 11 U.S.C.S. § 521(a)(1), denied the substituted plaintiff bankruptcy trustee's motion for reconsideration. The trustee appealed.

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Court :
Judge or Jurisdiction information not available
Consumer opinion summary, case decided on October 30, 2012 , LexisNexis #1112-086
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