Legal Opinion
In Re the Guild and Gallery Plus, Inc., Debtor. John B. Torkelsen v. Carmen J. Maggio
Court of Appeals for the Third Circuit
Decided February 5, 1996No. 95-5295PublishedCited by 172 opinions
1Opinion of the Court
COWEN, Circuit Judge.
The question presented in this case is whether various state-law claims against a bankruptcy trustee in his individual capacity can be either a “core” bankruptcy proceeding under 28 U.S.C. § 157(b)(2)(A) (“matters concerning the administration of the estate”) or a noncore, related proceeding under 28 U.S.C. § 158(c)(2). The plaintiff alleged that the trustee negligently lost or intentionally stole property that at one time was in the estate’s possession, but was never “property of the [bankrupt] estate,” as defined in 11 U.S.C. § 541. Both the bankruptcy court and the…
2Cases cited16 opinions
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- United States v. Whiting Pools, Inc.Supreme Court of the United States · 1983
- In Re Pacor, Inc. v. John Higgins, Jr. And Louise HigginsCourt of Appeals for the Third Circuit · 1984
- Thomas v. Union Carbide Agricultural Products Co.Supreme Court of the United States · 1985
- Commodity Futures Trading Commission v. SchorSupreme Court of the United States · 1986
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3Cited by172 opinions
- Southmark Corp. v. Coopers & LybrandCourt of Appeals for the Fifth Circuit · 1999
- In Re: Combustion Engineering, Inc. First State Insurance Company Hartford Accident and Indemnity CompanyCourt of Appeals for the First Circuit · 2004
- In Re Resorts International, Inc.Court of Appeals for the Third Circuit · 2004
- Irwin Halper v. Barry HalperCourt of Appeals for the Third Circuit · 1999
- CoreStates Bank, N.A. v. Huls America, Inc.Court of Appeals for the Third Circuit · 1999
167 more not listed; retrieve them via the Exa API.