V&R Fine Arts Inc. v. Dove

Feb

2009

Ruling

Stay did not bar action to clear title to painting where bankruptcy case was subsequently dismissed.

Procedural posture

Purchaser sought a default judgment in its favor on its suit against an individual and various related entities with ostensible interests in a particular painting, for a declaratory judgment that it held legal title to the painting free and clear of any encumbrances and that it had acquired such title as a good faith purchaser. Purchaser asserted that the court had jurisdiction pursuant to 28 U.S.C.S. § 1655.

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Court :

Southern District of New York ( Judge Pauley ) [ District Court ]

Consumer opinion summary, case decided on February 13, 2009 , LexisNexis #0509-038

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11 U.S.C.

West v. WorldCom Inc.

Feb

2007

Ruling

Action against debtor for continuing trespass related to maintenance of fiber optic cable was not discharged in bankruptcy.

Procedural posture

Petitioner property owner filed an action alleging trespass, slander of title, and unjust enrichment based on the installation of fiber optic cable within railroad rights of way. Respondent debtor filed for bankruptcy. The debtor sought a declaratory judgment that a discharge precluded the owner's action. The bankruptcy court granted the debtor's motion for summary judgment. The owner appealed.

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Court :

Southern District of New York ( Judge Pauley ) [ District Court ]

opinion summary, case decided on February 13, 2007 , LexisNexis #0307-030

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