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judge seymour

Evans v. Allied Air Enters.

Ruling
Trustee was not estopped from pursuing debtor's unscheduled employment law action.
Procedural posture

Bankruptcy debtor sued defendant, his former employer, under the Americans with Disabilities Act, 42 U.S.C.S. § 12101 et seq., and the Family and Medical Leave Act, 29 U.S.C.S. § 2601 et seq. Movant trustee filed a motion to intervene. A magistrate judge recommended that the trustee's motion be granted and that a motion to dismiss filed by the employer also be granted. The debtor and the trustee filed objections.

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Consumer opinion summary, case decided on September 30, 2011 , LexisNexis #1011-119

Gilliam v. United States (In re Gilliam)

Ruling
Bankruptcy court properly abstained from determining tax liabilities.
Procedural posture

In a bankruptcy case that was commenced in 1996, appellant debtor sought judicial review of an order by the bankruptcy judge finding that, pursuant to 11 U.S.C.S. § 505(a)(1), it had discretion to abstain from hearing and determining the tax liabilities at issue in the case. The bankruptcy judge determined that the factors weighed in favor of abstention, and the bankruptcy judge also denied the debtor's motion to convert.

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Consumer opinion summary, case decided on September 25, 2009 , LexisNexis #1209-032