PW Enters. v. N.D. Racing Commn (In re Racing Servs.)
Aug
29
2008
Ruling
Creditor should have been allowed to pursue avoidance proceeding where trustee did not oppose the action.
Procedural posture
Appellant, a creditor of a chapter 7 debtor, filed an adversary complaint in bankruptcy court against appellees, a State and state entities, seeking avoidance under 11 U.S.C.S. §§ 547 and 548. The bankruptcy court denied the creditor's subsequent motion for leave to pursue the claims. The United States Bankruptcy Appellate Panel for the Eighth Circuit affirmed the denial of the creditor's motion. The creditor appealed.
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Court
:
Judge or Jurisdiction information not available