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1 Bankruptcy Court Trustee Permitted to Step Into Shoes of IRS ...
https://www.duanemorris.com/articles/bankruptcy_court_trustee_permitted_to_step_into_shoes_of_irs_to_recover_transfer_0219.html
In the complaint, the trustee asserted that Code Section 544(b) permits trustees to step into the shoes of the IRS and bring actions on behalf ...
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2 Case 09-00853 Doc 23 Filed 03/31/11 Page 1 of 16 - GovInfo
https://www.govinfo.gov/content/pkg/USCOURTS-mdb-0_09-ap-00853/pdf/USCOURTS-mdb-0_09-ap-00853-0.pdf
Plaintiff, as chapter 7 trustee, stands in the shoes of the Debtor and therefore is barred from bringing those claims. Plaintiff disputes that the doctrine ...
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3 Trustee Is an Entity Distinct from the Debtor for Purposes of the ...
https://www.wiley.law/newsletter-1636
National Union denied coverage on the grounds that the trustee stands in the shoes of the debtor, and the exclusion for claims by one insured against ...
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4 Walking a Mile in the Trustee's Shoes: How s. 38 of the BIA ...
https://restructuring.weil.com/north-of-the-border-update/walking-a-mile-in-the-trustees-shoes-how-s-38-of-the-bia-can-allow-creditors-to-revive-dismissed-claims/
In 2004 Sloan declared personal bankruptcy. The bankruptcy stayed Indcondo's First Fraudulent Conveyances Action. Indcondo proved its claim in ...
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5 What authority is there for saying that 'a trustee in bankruptcy ...
https://www.lexisnexis.co.uk/legal/guidance/what-authority-is-there-for-saying-that-a-trustee-in-bankruptcy-stands-in-the-shoes-of-the-bankrupt
'As Bendell v McWhirter shows the trustee in bankruptcy steps into the shoes of the debtor and takes the debtor's property subject to all clogs ...
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6 How Derivative is the Trustee's Power to A" by Alan N. Resnick
https://scholarlycommons.law.hofstra.edu/faculty_scholarship/483/
... “stand in the shoes” and assert the rights of the particular unsecured creditor. In a recent case, In re Allou Distributors, Inc., the Bankruptcy Court ...
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7 Trustee Steps into Shoes of Lienholder upon Avoidance of Lien
https://www.ncbrc.org/blog/2013/07/26/trustee-steps-into-shoes-of-lienholder-upon-avoidance-of-lien/
In that case, when the chapter 7 debtor entered into bankruptcy, ... having avoided the lien, the trustee stood in the shoes of the debtor ...
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8 Sheehan v. Warner (In re Warner), AP No. 12-35
https://www.wvnb.uscourts.gov/sites/wvnb/files/opinions/12-35%20In%20re%20Warner%20-%20Mem%20Op.pdf
entry of a final order or judgment requires the bankruptcy court to ... The Trustee steps into the Debtor's shoes and succeeds to all his ...
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9 The Toolbox: Fiduciary Duties in Bankruptcy - Bloomberg Law
https://news.bloomberglaw.com/bankruptcy-law/the-toolbox-fiduciary-duties-in-bankruptcy
2007) (noting that “a chapter 11 debtor in possession stands in the shoes of a trustee and is a fiduciary for the estate and its creditors”) ...
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10 Defending Claims for Malpractice Brought by Bankruptcy ...
https://cdn.ymaws.com/iadtc.site-ym.com/resource/resmgr/imported/PublicationPDFs/21.1.15.pdf
Official. Committee of Unsecured Creditors of PSA, Inc., 437 F.3d 1145, 1150 (11th Cir. 2006) (“A bankruptcy trustee stands in the shoes of the debtor and has ...
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11 Innocent Trustee/Creditors Barred by Debtors' Past Wrongs
https://www.hollandhart.com/articles/InnocentTrusteeCreditorBarred.pdf
the bankruptcy estate and cannot be brought by a DIP. Further, it is well established that a trustee in bankruptcy stands in the shoes of the debtor and.
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12 Delaware Bankruptcy Court Rejects Use of Tax Code Look ...
https://www.jonesday.com/en/insights/2022/05/delaware-bankruptcy-court-rejects-use-of-tax-code-lookback-period-in-avoidance-action
The ability of a bankruptcy trustee or chapter 11 debtor-in-possession ... an avoidance action under that section may step into the shoes of the IRS (if it ...
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13 IN RE: Elmer WALTER; Dorla Walter - FindLaw Caselaw
https://caselaw.findlaw.com/us-6th-circuit/1353577.html
On June 5, 1990, on debtors' motion, the bankruptcy court converted debtors' ... Because a trustee stands in the shoes of a hypothetical bona fide purchaser ...
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14 Post-Confirmation Entities Created Under Restructuring Plans ...
https://www.wlrk.com/webdocs/wlrknew/AttorneyPubs/WLRK.24860.15.pdf
The bankruptcy trustee, which steps into the shoes of the debtor, therefore has standing to bring any pre-petition causes of action that the debtor could ...
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15 Bankruptcy Trustee Can Step Into IRS's Shoes to Avoid Transfers ...
https://www.taxnotes.com/research/federal/court-documents/court-opinions-and-orders/bankruptcy-trustee-can-step-into-irs%E2%80%99s-shoes-to-avoid-transfers/2d54s?h=*
A U.S. bankruptcy court refused to dismiss an adversary complaint filed by a ... the trustee, can pursue recovery of the transfers standing in its shoes, ...
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16 Untitled - Supreme Court
http://www.supremecourt.gov/DocketPDF/22/22A120/232837/20220804164315516_2022-08-04%20Application%20for%20Extension%20of%20Time_Ex%20A.pdf
Yet Infinity's bankruptcy trustee remains unsatisfied. ... defenses as the debtor because the trustee stands in the debtor's shoes in such an action.
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17 In Re Frank H. Bridge, D/b/a F.h. Bridge & Associates, Debtor ...
https://law.justia.com/cases/federal/appellate-courts/F3/18/195/531183/
... trustee because Midlantic's unrecorded mortgage stands in the shoes of its ... Instead, the bankruptcy court granted the trustee's cross-motion for ...
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18 Feature - Goodwin Procter
https://www.goodwinlaw.com/-/media/files/publications/attorney-articles/2014/feature-914-fox.pdf
the so-called “Wagoner Rule,” since a bankruptcy trustee stands in the shoes of the corporation (not its creditors), he/she lacks standing to recover from.
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19 The In Pari Delicto Defense May Bar Trustees That Bring ...
https://www.stjohns.edu/sites/default/files/2020-07/Broccole_Memo_5.pdf
trustee bringing a claim on behalf of a debtor in bankruptcy. ... of the estate” under Section 541(a), the court found that the trustee stood “in the shoes.
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20 the Wagoner Rule and the In Pari Delicto Defense
https://www.pbwt.com/bankruptcy-update-blog/key-concepts-concerning-bankruptcy-fraud-the-wagoner-rule-and-the-in-pari-delicto-defense
The Wagoner rule bars bankruptcy trustees from suing third parties for ... and because the trustee stands in the shoes of the corporation, ...
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21 Application of the In Pari Delicto Defense Bars Certain Claims ...
https://www.bushross.com/media/news/5_CBBJWW%20Pari%20Delicto%20Article.pdf
applies with equal force to claims of a bankruptcy trustee as to claims of a debtor ... 'trustee stands in the shoes of the debtor and can only assert those ...
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22 The In Pari Delicto Defense to Bankruptcy and Other Claims ...
https://www.wc.com/portalresource/lookup/poid/Z1tOl9NPluKPtDNIqLMRVPMQiLsSw8ZCmG3!/document.name=/PRESENTATION%20-%20The%20In%20Pari%20Delicto%20Defense%20to%20Bankruptcy%20and%20Other%20Claims%20Against%20Directors,%20Officers%20and%20Third%20Parties%20-%20Craig%20Singer.pdf
doctrine of standing, under the “Wagoner Rule.” ○ Powerful defense against bankruptcy trustee or liquidation trustee, who stands in the shoes ...
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23 Hot Topics in Insolvency Law: Alter Ego Claims1
https://www.fbm.com/content/uploads/2019/01/4-1-12-bln-issue-1-2012-online-kaplan.pdf
Pursuit of Alter Ego Claims by Bankruptcy Trustees or Creditors. Generally speaking, a bankruptcy trustee stands in the shoes of a bankrupt corporation and ...
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24 Litigation Trusts in Chapter 11 Bankruptcies - BrooklynWorks
https://brooklynworks.brooklaw.edu/cgi/viewcontent.cgi?article=1065&context=blr
Second, because a bankruptcy trustee stands “in the shoes of the bankrupt corporation,” he is subject to the same limitations the debtor would face in ...
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25 Do Not Belong to Bankruptcy Trustee - Richard G. Burt
https://richardburtlaw.com/alter-ego-claims-of-creditors-do-not-belong-to-bankruptcy-trustee/
The court of appeals noted that a Chapter 11 bankruptcy trustee stands in the shoes of a debtor corporation and has standing to bring any ...
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26 IN RE HALABI | 184 F.3d 1335 | 11th Cir. | Judgment | Law | CaseMine
https://www.casemine.com/judgement/us/59147f38add7b0493445dee9
Section 544 of the Bankruptcy Code authorizes a bankruptcy trustee to stand in the shoes of the debtor and exercise certain "strong-arm" powers.
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27 Compilation of Recent Developments in Bankruptcy Law
https://jenner.com/system/assets/assets/10814/original/Compilation%20of%20Recent%20Developments%20in%20Bankruptcy%20Law.pdf
issuer's bankruptcy trustee sought a stay. Standing to bring an action is determined when it is commenced. The later bankruptcy filing, ...
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28 Bankruptcy Ruling Highlights Longer Lookback Trend
https://www.lowenstein.com/news-insights/publications/articles/bankruptcy-ruling-highlights-longer-lookback-trend-kaplan-chahil-cooper
The U.S. Bankruptcy Court for the Western District of North Carolina in ... Therefore, a trustee should be able to stand in the shoes of a ...
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29 Defending Bankruptcy Issues - Pretzel & Stouffer, Chartered
https://www.pretzel-stouffer.com/wp-content/uploads/2019/02/Defending-Bankruptcy-Issues.pdf
Standing. The trustee or receiver generally stands in the shoes of the debtor, as his successor in interest. As such, standing is generally not going to be ...
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30 Debtors, Fiduciaries, and Directors and Officers Beware
https://www.americanbar.org/groups/business_law/publications/blt/2017/12/02_amron/
A bankruptcy trustee is duty-bound to scrutinize the decisions of ... stand's in the “Company's” shoes and is subject to the same defenses.
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31 Sections 542 and 543—Turnover of Property of the Estate ...
https://www.bayardlaw.com/publications/sections-542-543-turnover-property-estate
The bankruptcy court stands in the district court's shoes with respect to its jurisdiction over estate property, by virtue of the standing order ...
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32 Sixth Circuit Rules that In Pari Delicto May Not Bar Trustee's ...
https://www.michbankruptcyblog.com/Pari-Delicto-May-Not-Bar-Trustees-Conversion-Claim
Bankruptcy trustees, who stand in the shoes of the bankrupt entity in asserting claims, often bring actions against third parties alleging ...
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33 Bankruptcy Court: Trustee Permitted to Step Into Shoes of IRS ...
https://www.law.com/thelegalintelligencer/2019/02/14/bankruptcy-court-trustee-permitted-to-step-into-shoes-of-irs-to-recover-transfer/
In so ruling, the court joined a number of other bankruptcy courts in establishing a bankruptcy trustee's ability to seek and recover debts that ...
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34 The Debtor Said What?! - Stetson University
https://www2.stetson.edu/advocacy-journal/the-debtor-said-what/
In either a chapter 7 or chapter 11 bankruptcy, the bankruptcy trustee's ... the trustee could not avoid the admissions as she stood in the shoes of the ...
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35 Respondent's Response to Amicus Curiae Brief
https://www.courts.ca.gov/documents/7-s252473-respondent-resp-ac-brief-081619.pdf
Attorneys for Respondent, Steven Speier, Chapter 7 Trustee ... words, a Chapter 7 bankruptcy trustee stands in the shoes of the debtor and.
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36 Florida's Supreme Court
https://www.floridasupremecourt.org/content/download/362964/file/03-59_ini.pdf
assignee for the benefit of creditors, has not “stepped into the shoes” ... The role and authority of a bankruptcy trustee stands in stark contrast to that.
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37 Del. Bankruptcy Rulings Instruct on Creditors' Rights to Sue
https://www.proskauer.com/pub/del-bankruptcy-rulings-instruct-on-creditors-rights-to-sue
The court also argued that denying an LLC creditor standing to sue ... of the bankruptcy estate and to stand in the shoes of the trustee ...
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38 589 CLARIFYING THE AUTHORITY OF LITIGATION TRUSTS
http://centerforplainlanguage.org/wp-content/uploads/2014/03/Morris_Clarifying_The_Authority_Of_Litigation_Trusts_2.pdf
Bankruptcy trustees want to control as much of this litigation as ... defense of in pari delicto, because a bankruptcy trustee "stands in the shoes" of the.
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39 In Pari Delicto Should Not Bar a Trustees Recovery | ABI
https://www.abi.org/abi-journal/in-pari-delicto-should-not-bar-a-trustees-recovery
Every bankruptcy practitioner has heard these time-honored maxims: The bankruptcy trustee stands in the shoes of the debtor and the trustee ...
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40 In re Tribune Co: Individual Creditors Lack Standing to Assert ...
https://content.next.westlaw.com/practical-law/document/Ia7aac9a0642211e38578f7ccc38dcbee/In-re-Tribune-Co-Individual-Creditors-Lack-Standing-to-Assert-State-Law-Fraudulent-Transfer-Claims-but-Not-Barred-by-Section-546-e-Safe-Harbor?viewType=FullText&transitionType=Default&contextData=(sc.Default)
The Bankruptcy Court created the Official Committee of Unsecured Creditors (Committee) to stand in the shoes of the bankruptcy trustee and to file
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41 in the supreme court of the state of delaware
https://courts.delaware.gov/supreme/oralarguments/download.aspx?id=3860
F. TRUSTEE, ON BEHALF OF ERIN AND ERIN'S BANKRUPTCY ESTATE, ... 102 Here, Trustee stands in the shoes of Erin and inherited the Board's.
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42 In re the Mediators, Inc., 105 F.3d 822 - Casetext
https://casetext.com/case/in-re-the-mediators-inc
The district court held that the Committee, standing in the shoes of the debtor, ... On October 16, 1991, the United States Bankruptcy Trustee appointed the ...
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43 Receiver Standing / In Pari Delicto - Stenger Law
https://www.stengerlaw.com/book/receiver-standing-in-pari-delicto/
1990), Tew, acting as a trustee for a bankrupt securities corporation, ... iterated in Scholes that receivers stand in the shoes of the entity in the ...
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44 Will My Corporate Assets be Safe in a Personal Chapter 7 ...
https://www.detroitbankruptcylawyer.com/detroit-bankruptcy-blog/michigan-bankruptcy-attorney/2020/09/will-my-corporate-assets-be-safe-in-a-personal-chapter-7-bankruptcy/
A common misconception in Chapter 7 bankruptcy is that, if assets are ... the Chapter 7 Trustee has the ability to “stand in the shoes of ...
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45 PREDISPOSITION MEMORANDUM
https://www.courts.state.co.us/Courts/Court_of_Appeals/opinion/2003q4/02CA1408.doc
Defendant moved to dismiss on the basis that the bankruptcy trustee, not plaintiff, was the real party in interest and that plaintiff thus lacked standing ...
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46 Bankruptcy trustee - standing in the shoes of a discharged ...
https://www.henrywilliam.com.au/single-post/bankruptcy-trustee-standing-in-the-shoes-of-a-discharged-bankrupt
Bankruptcy trustee - standing in the shoes of a discharged bankrupt. Taylor (liquidator), in the matter of Heading Contractors Pty Ltd (in liq) v Heading ...
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47 Second Circuit Confirms Madoff Trustee Lacks Standing to ...
https://www.weltmosk.com/post-detail.php?id=10165
In a bankruptcy case, any misconduct or fraud by debtor is imputed to trustee, who effectively steps into debtor's shoes. Id. at * 6. Since the SIPA trustee ...
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48 Last in Line
https://howardandhoward.com/user_area/uploads/ABI%20Article%20-%20Wilson.pdf
of the bankruptcy estate.7 As one court explained,. “[e] ach member of an LLC has an ... appointment and standing in the shoes of the Debtor.
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49 Making Lemons Out of Lemonade: Employing Counsel to ...
https://www.buchalter.com/downloadFile.php?file=2014/06/Making-Lemons-Out-of-Lemonade.pdf
In the context of an unclean hands defense, a bankruptcy trustee stands in the shoes of the debtor and may not use his status as an innocent successor to ...
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50 Handbook for Small Business Chapter 11 Subchapter V ...
https://www.justice.gov/ust/file/subchapterv_trustee_handbook.pdf/download
CHAPTER 7 – STANDING TRUSTEE BUDGETS [RESERVED FOR FUTURE ... trustees must fully comply with the Bankruptcy Code, the Federal Rules of ...
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51 Administration of Cases under the Bankruptcy Code
https://govinfo.library.unt.edu/nbrc/report/19admini.html
Similar to U.S. trustee's fees, standing trustees, panel trustees, ... "a debtor in possession [stands] in the shoes of a trustee in every way.".
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52 Another Court Adopts Majority View in Approving Bankruptcy ...
https://blogs.harvard.edu/bankruptcyroundtable/2021/06/15/another-court-adopts-majority-view-in-approving-bankruptcy-trustees-use-of-tax-code-look-back-period-in-avoidance-actions/
The ability of a bankruptcy trustee or chapter 11 ... 544(b) and state law by stepping into the shoes of a “triggering” creditor plaintiff.
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53 In Re Estate of Shelton D. Ramey
https://www.tncourts.gov/sites/default/files/e2020-270_ramey.pdf
Fitzpatrick is serving as the Chapter 7 Trustee of the bankruptcy estate, David Ramey does not have standing to bring this appeal.
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54 1 2 3 Below is a memorandum opinion of the Court. 4 5
https://www.gpo.gov/fdsys/pkg/USCOURTS-wawb-2_09-ap-01439/pdf/USCOURTS-wawb-2_09-ap-01439-2.pdf
UNITED STATES BANKRUPTCY COURT ... bankruptcy estate of Michael R. Mastro, ... regard to contractual rights the “estate stands in the shoes of the debtor”).
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55 Derivative standing of debtor limited liability company and ...
https://www.wallerlaw.com/news-insights/3918/Derivative-standing-of-debtor-limited-liability-company-and-limited-partnership-claims-in-bankruptcy-Whos-got-it
Derivative standing in any bankruptcy proceeding can be a difficult ... the Trustee stepped into the shoes of the Citadel Committee, and, ...
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56 SDNY DISTRICT COURT HOLDS THAT MADOFF TRUSTEE ...
https://www.milbank.com/images/content/5/9/5996/Picard-v-HSBC-FRG-LitigationClient-Alert-08-082011.pdf
against third parties on behalf of the estates' creditors, because the trustee stands in the shoes of the estate – not.
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57 finding the shoes that fit: how derivative - HeinOnline
https://heinonline.org/hol-cgi-bin/get_pdf.cgi?handle=hein.journals/cdozo31§ion=7
bankruptcy trustee to avoid transfers that an actual unsecured creditor ... debtor's unsecured creditors, to "stand in the shoes" and assert the.
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58 Walker, Truesdell, Roth & Assoc., Inc., Trustee of Greenwich ...
https://www.nycourts.gov/REPORTER/3dseries/2013/2013_52318.htm
By order dated December 22, 2011, the Bankruptcy Court confirmed the ... Plaintiff seeks to enforce the contract and stands in the shoes of ...
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59 Illinois Court Holds That Bankruptcy Trustee Is Not An “Insured ...
https://www.natlawreview.com/article/illinois-court-holds-bankruptcy-trustee-not-insured-purposes-insured-versus-insured-
... “insured versus insured” exclusion because the bankruptcy trustee stands in the shoes of the bankruptcy estate, not the bankrupt entity.
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60 REVISITING RULE ON TRUSTEE STANDING - Paul, Weiss
https://www.paulweiss.com/media/1946707/revisiting_rule_on_trustee_standing.pdf
trustee had standing to bring the claim for ... trustee in bankruptcy on such claims is ... the shoes of debtor Colonial Realty, a once.
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61 What Does A Bankruptcy Trustee Do?
https://www.kelleylawoffice.com/what-does-a-bankruptcy-trustee-do/
Call the West Palm Beach bankruptcy lawyers at Kelley Fulton ... the trustee can “take” the lawsuit and stand in the shoes of the debtor.
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62 Anderson v. Morgan Keegan & Co. (In re Infinity Business ...
https://calawyers.org/business-law/anderson-v-morgan-keegan-co-in-re-infinity-business-group-inc-4th-cir/
However, the Court concluded that when a bankruptcy trustee steps into the shoes of a hypothetical creditor who would itself stand in the ...
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63 Best Practices to Minimize Exposure to Bankruptcy Preference ...
https://www.jacksonkelly.com/anticipation-litigation-advisor-blog/best-practices-to-minimize-exposure-to-bankruptcy-preference-actions
The Bankruptcy Code permits a bankruptcy debtor (or a bankruptcy trustee standing in the debtor's shoes) to sue creditors to recover ...
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64 In re National Fish: Keeping Your D&O Insurer on the Hook in ...
https://businesslawtoday.org/2021/06/in-re-national-fish-keeping-your-do-insurer-on-the-hook-in-chapter-7/
Thus, Side A coverage benefits the directors and officers exclusively, and the bankruptcy trustee, standing in the shoes of the company, ...
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65 Bankruptcy Clawbacks Create New Headaches for Physicians
https://www.physicianspractice.com/view/bankruptcy-clawbacks-create-new-headaches-physicians
As a general rule, a bankruptcy trustee stands in the shoes of the debtor and the trustee is subject to all defenses available against the ...
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66 Chapter 15: Pursuing “Avoidance Actions” Under ...
https://www.nortonrosefulbright.com/en/knowledge/publications/ae70969d/chapter-15-pursuing-avoidance-actions-under-nonbankruptcy-law
[3] In US bankruptcy cases, a trustee's standing to bring state law fraudulent ... the trustee with the ability to “stand in the shoes” of the bankruptcy ...
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67 ND Ga - Bankruptcy Trustee's Claims Against Officers And ...
https://www.georgiabankruptcyblog.com/northern-district-cases/northern-district-cases-nd-ga-bankruptcy-trustees-claims-against-officers-and-directors-subject-to-statute-of-limitations
The purpose of a bankruptcy trustee is to stand in the shoes of the debtor company and to file claims it could have filed itself.
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68 A Dark Side to the Trustee's Strong Arm Powers - Credit Slips
https://www.creditslips.org/creditslips/2014/03/conventional-wisdom-views-bankruptcy-as-a-place-that-protects-homeowners-and-homeownership-one-of-the-primary-reasons-chapte.html
The bankruptcy court granted summary judgment in favor of the ... avoidance a trustee stands in the shoes of the mortgagee and that the ...
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69 Joint Tenants: The Case of The Disappearing Interest
https://bankruptcy-realestate-insights.com/2019/04/24/joint-tenants-the-case-of-the-disappearing-interest/
Although the case was initially filed as a chapter 13 ... property of the bankruptcy estate, and (2) the trustee stands in the shoes of the ...
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70 Gross Income Tax Withholdings on Real Estate Bankruptcy ...
https://www.state.nj.us/treasury/taxation/pdf/banktrustee.pdf
United States Bankruptcy Trustees ... sheriff's sale, the trustee is standing in the shoes of a creditor as the result of the.
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71 Bankruptcy: First Circuit Enforces Forum Selection Clause ...
https://www.reedsmith.com/en/perspectives/2005/04/bankruptcy-first-circuit-enforces-forum-selection
A bankruptcy trustee stands in the debtor's shoes and is not entitled to avoid the forum selected by the corporation on mere allegations of ...
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72 Practicing to Deceive: Using the Doctrine of Judicial Estoppel ...
https://www.floridabar.org/the-florida-bar-journal/practicing-to-deceive-using-the-doctrine-of-judicial-estoppel-to-untangle-the-web-in-employment-cases-part-ii/
Applicable Principles of Bankruptcy Law1 In addition to the bankruptcy principles ... Trustee Stands in the Shoes of the Debtor — Regardless of whether the ...
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73 Central District of Illinois Bankruptcy Rulings Present New ...
https://www.hinshawlaw.com/newsroom-updates-70.html
Two recent decisions issued by the U.S. Bankruptcy Court for the Central ... Act allowed the bankruptcy trustee (standing in the shoes of a ...
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74 Third Circuit Decision Holds Creditors May Pursue Claims ...
https://www.stradley.com/insights/publications/2020/08/finance-alert-august-7-2020
Second, “bankruptcy standing” is not the same as “constitutional standing. ... At the outset, the bankruptcy court appoints a trustee who ...
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75 Trustees in bankruptcy need to know extent of any personal ...
https://www.enyolaw.com/posts/41/trustees-in-bankruptcy-need-to-know-extent-of-any-personal-liability-before-taking-office
The general principle is that a Trustee in Bankruptcy stands in the shoes of the bankrupt and as such automatically becomes a party to any ...
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76 commercial law & bankruptcy section newsletter
https://isb.idaho.gov/wp-content/uploads/BNK-Section-Newsletter-November-2017.pdf
from the Idaho Bankruptcy Court to deal with the issue of unbundling.ii Moreover, the Idaho court is ... standing in the shoes of IRS, the Trustee exercised.
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77 AN ANALYSIS OF THE LIMITATION OF FIDUCIARY DUTIES ...
https://www.potteranderson.com/media/publication/912_WAIVERS_AND_THEIR_CONSEQUENCES_AN_ANALYSIS_OF_THE_LIMITATION_OF_FIDUCIARY_DUTIES.pdf
2005) (“Under the Bankruptcy Code a trustee stands in the shoes of the bankrupt corporation and has standing to bring any suit that the bankrupt corporation ...
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78 CAN THE TRUSTEE RECOVER? IMPUTATION OF FRAUD ...
http://fordhamlawreview.org/wp-content/uploads/assets/pdfs/Vol_77/Wasserman_Vol_77_Oct.pdf
courts have disagreed over whether the bankruptcy trustee should be ... trustee should not recover because he “stood in the shoes” of the.
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79 Feature | Akin Gump
https://www.akingump.com/a/web/80355/aojiP/feature-06-18-zensky-newman.pdf
the privilege, or by a bankruptcy trustee, who steps into the debtor's shoes.9. In CFTC v. ... a trustee standing in a debtor's shoes or to whom the debtor.
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80 Affirmed: New York's Application of the In Pari Delicto Doctrine ...
https://www.coleschotz.com/affirmed-new-yorks-application-of-the-in-pari-delicto-doctrine-bars-chapter-11-trustees-faithless-servant-claim-and-bankruptcy-insider-exception/
As the Bankruptcy Court was ruling on the defendant employee's motion ... Here, the Trustee stands in the shoes of the debtor corporation, ...
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81 Ch. 7 Trustee Has Longer 'Reach-Back Weapon' in Arsenal
https://kttlaw.com/in-the-news/ch-7-trustee-has-longer-reach-back-weapon-in-arsenal/
Judge Robert A. Mark of the U.S. Bankruptcy Court for the ... we also believe that the trustee's rights standing in the shoes of the IRS ...
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82 United States Court of Appeals for the Second Circuit Clarifies ...
https://www.gibsondunn.com/united-states-court-of-appeals-for-the-second-circuit-clarifies-limits-on-the-standing-of-a-sipa-or-bankruptcy-trustee-to-bring-common-law-claims-against-third-parties/
United States Court of Appeals for the Second Circuit Clarifies Limits on the Standing of a SIPA (or Bankruptcy) Trustee to Bring Common Law ...
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83 In re Tribune Defendants Successfully Challenge Individual
https://www.mayerbrown.com/-/media/files/perspectives-events/publications/2013/09/emin-re-tribuneem-defendants-successfully-challeng/files/get-the-full-report/fileattachment/update-alertonapplication_section546_e_130927.pdf
Creditors Standing But District Court Rules that Section 546(e) ... to stand in the shoes of the bankruptcy trustee.
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84 09-04 - State Bar Association of North Dakota
https://www.sband.org/resource/resmgr/docs/for_lawyers/Opinion_09-04.pdf
Because the bankruptcy trustee can sue and be sued and the trustee stands in the shoes of the bankruptcy estate, the bankruptcy trustee is a ...
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85 Standing in the Shoes or Freeing Evil Zombies? The Public ...
https://www.elliswinters.com/blog/standing-in-the-shoes-or-freeing-evil-zombies-the-public-policy-of-applying-the-in-pari-delicto-defense-to-actions-brought-by-a-receiver/
This question has been largely settled in the context of a bankruptcy trustee based on the language of the bankruptcy code. Section 541(a)(1) ...
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86 The Collapse of the in Pari Delicto Defense to Bankruptcy ...
https://scholarship.law.tamu.edu/cgi/viewcontent.cgi?article=1354&context=txwes-lr
suant to § 541, a trustee stands in the shoes of the debtor so that the most logical and cost-efficient context-the bankruptcy process.
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87 Mary Jo A. Jensen-Carter, Trustee of the Bankruptcy Estate of ...
https://mn.gov/law-library-stat/archive/ctapun/0306/op021845-0624.htm
Trustee of the Bankruptcy Estate of Larry K. Alexander, ... (2) Jensen-Carter, acting as trustee, stands in Alexander's shoes and therefore ...
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88 In Seminal Decision, New York Court of Appeals Rejects ...
https://www.wilmerhale.com/insights/publications/in-seminal-decision-new-york-court-of-appeals-rejects-attempt-to-expand-scope-of-liability-for-professional-service-providers-october-25-2010
... as well as those who sue standing in their shoes (such as bankruptcy trustees and derivative plaintiffs), to bring claims against ...
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89 When do the creditors' shoes fit? A bankruptcy estate's power ...
https://www.thefreelibrary.com/When+do+the+creditors%27+shoes+fit%3F+A+bankruptcy+estate%27s+power+to...-a0505302180
(70) The court then held that the bankruptcy trustee had standing to maintain ... stands in the shoes of and sues as a hypothetical Judgment Lien Creditor.
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90 Smith Reprint-FW-November11.indd - Smith Anderson
https://www.smithlaw.com/media/alert/142_Smith%20Reprint-FW-November111.pdf
United States have been forced to seek bankruptcy protection. ... trustee 'stands in the shoes' of the debtor entity, and is thus an 'insured'.
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91 Client Alert - Shumaker, Loop & Kendrick, LLP
https://www.shumaker.com/latest-thinking/publications/2021/08/client-alert-strike-back-at-the-empire-creditors-fight-the-strong-arm-of-the-chapter-11-trustee---madoff-update-too-
The North Carolina Bankruptcy Court ruled that the “plain meaning” of Section 544 allowed the trustee to step into the shoes of the IRS to avoid transfers ...
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92 The Office of Nancy J. Whaley, Standing Chapter 13 Trustee
https://www.njwtrustee.com/
Nancy J. Whaley is committed to excellence by creating the highest level of trust and service to debtors, creditors, attorneys and the Court.
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93 Bankruptcy Basics: What Does The Chapter 7 Trustee Do?
https://bankruptcylawnetwork.com/bankruptcy-basics-what-does-the-chapter-7-trustee-do/
The Bankruptcy Court appoints a “trustee” to be in charge of the estate. ... The Trustee “steps into the shoes” of the debtor(s) and can sue in their name ...
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94 6 Shoe Companies That Have Gone Bankrupt in the Past Year
https://footwearnews.com/feature/shoe-retailers-companies-bankruptcy-payless-nine-west-1202773815/
Payless ShoeSource and Nine West are among the shoe companies that have gone bankrupt over the past year. Here's how they're doing now.
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95 The Landlord & the Tenant: A House Fire Reveals One Kind of ...
https://www.propublica.org/article/milwaukee-fire-brunner-belen-landlord-tenant
Angelica tells him that her mom and Velez both hit her with shoes and sticks. ... Brunner declares bankruptcy in federal court in Milwaukee, ...
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