Solt v. Credit Prot. Assn LP (In re Solt)
Mar
23
2010
Ruling
Debtor lacked standing to bring Fair Debt Collection Practices Act action that was property of the estate.
Procedural posture
Plaintiff chapter 7 debtor filed a complaint against defendant, a debt collection agency, alleging that the debt collection agency, prepetition, violated 15 U.S.C.S. § 1692g of the Fair Debt Collection Practices Act (FDCPA). The court held a hearing on the issue of whether it had subject matter jurisdiction to hear the complaint.
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Court
:
- 11 U.S.C.
Trustees in Bankruptcy of N. Am. Rubber Thread Co. V. United States
Feb
01
2010
Ruling
Trustees estopped from challenging U.S. Court of International Trade's decision not to conduct changed circumstances review of anti-dumping duty order against debtor.
Procedural posture
Plaintiffs, a foreign producer and bankruptcy trustees for a domestic rubber thread manufacturer, sued defendant United States (Government), challenging a decision by the U.S. Department of Commerce which refused to initiate a changed circumstances review of an antidumping duty order under 19 U.S.C.S. § 1675. The U.S. Court of International Trade (CIT) ordered Commerce to conduct a changed circumstances review, and the Government appealed.
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Court
:
Judge or Jurisdiction information not available
- 11 U.S.C.
Braunstein v. McCabe (In re McCabe Group)
Jan
22
2010
Ruling
Attorney's spouse owed debtor law firm's estate sum forgiven on promissory note pursuant to setoff agreement.
Procedural posture
Plaintiff chapter 7 trustee filed an adversary proceedings against defendant, an attorney's wife, seeking a determination that the wife owed her husband's law firm's bankruptcy estate $ 179,261. The wife filed a motion for summary judgment, and the trustee filed a motion to strike the wife's motion and a cross-motion for summary judgment.
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Court
:
- 11 U.S.C.
McMillan v. United States (In re APCO Liquidating Trust)
Dec
14
2009
Ruling
Governmental agencies ordered to comply with trustee's subpoena for environmental remediation documentation.
Procedural posture
Plaintiff liquidating trustee in a bankruptcy debtor's case petitioned to enforce a subpoena issued to a consultant which recommended a remediation plan for environmental damage caused by the debtor's alleged disposal of hazardous materials. The consultant turned over the requested documents to defendant governmental agencies which directed the consultant to perform the site analysis, and the agencies claimed a deliberative process privilege.
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Court
:
- 11 U.S.C.
Grant v. Home Loan Servicing Inc. (In re Grant)
Dec
11
2009
Ruling
Debtor lacked standing to pursue prepetition causes of action which were property of the estate.
Procedural posture
Debtors brought this adversary proceeding seeking damages for alleged breach of contract and violations of the Truth in Lending Act. Defendants were a home loan servicer and a bank. Defendants moved for summary judgment. Plaintiffs failed to file a response to the motion and, therefore, the motion was deemed to be unopposed.
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Court
:
Bluemark Inc. v. Geeks on Call Holdings Inc.
Nov
19
2009
Ruling
Chapter 11 debtor in possession no longer had standing to bring RICO action after conversion to chapter 7.
Procedural posture
Plaintiff franchisee brought a breach of contract, fraud, and Racketeer Influenced and Corrupt Organizations Act, 18 U.S.C.S. § 1961 et seq., action against defendants, franchisors. The franchisors moved to dismiss. After the franchisee's bankruptcy filing came to light, the court ordered it to show cause why the case should not have been dismissed for lack of standing. The franchisee moved for extension of time. The case was before a magistrate.
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Court
:
- 11 U.S.C.
Whitney Natl Bank v. Todd (In re Phillips)
Aug
28
2009
Ruling
Debtors lacked standing to pursue counterclaim against creditor for wrongful arrest and incarceration.
Procedural posture
Plaintiff bank filed an adversary proceeding against defendant chapter 7 debtors, seeking a determination that a judgment it obtained against the debtors was nondischargeable. The debtors filed an answer and a counterclaim which alleged, inter alia, that the bank used its position in the community to compel the debtors' wrongful arrest and incarceration. The bank filed a motion for summary judgment on the debtors' counterclaim.
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Court
:
- 11 U.S.C.
Lawrence v. Goldberg
Jul
10
2009
Ruling
Action filed by debtor against trustee for actions undertaken pursuant to official duties was barred absent leave of bankruptcy court.
Procedural posture
Plaintiff bankruptcy debtor, sued defendants, the bankruptcy trustee and firms and entities he employed, and certain creditors and firms and entities they employed, alleging numerous state and federal law violations in connection with attempts to collect assets of the estate. The district court for the Southern District of Florida dismissed the case for lack of subject matter jurisdiction under the "Barton doctrine."
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Court
:
Judge or Jurisdiction information not available
- 11 U.S.C.
Squire v. D.B. Zwiru Special Opportunities Fund FP
Mar
31
2009
Ruling
Debtor did not have standing to pursue counterclaims in adversary proceeding that properly belonged to trustee.
Procedural posture
Debtor sought review of an order of the Bankruptcy Court of the Southern District of Ohio, which dismissed, for lack of standing, his counterclaim against appellee creditor for breach of the implied covenant of good faith and fair dealing and violations of the Racketeer Influenced and Corrupt Organization Act (RICO).
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Court
:
Minne v. Hinkhouse
Feb
24
2006
Ruling
Trustee, not the debtor, was the party with standing to pursue causes of action that were property of the estate.
Procedural posture
Plaintiffs, debtors, each filed petitions for chapter 7 bankruptcy. The debtors sued defendants, individuals, and alleged claims for relief for loss of economic advantage and destruction of business interests. The individuals moved to dismiss those claims on the ground that because those claims accrued prior to the debtors'filing for bankruptcy, the bankruptcy trustee had exclusive standing to assert those claims.
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Court
: