Rutanen v. Baylis (In Re Baylis)
Court of Appeals for the First Circuit
1Opinion of the Court
STAHL, Circuit Judge.
Defendant-appellant Carl Baylis appeals the district court’s decision that a seven-year-old state probate court finding should be given preclusive effect in the subsequent adversarial bankruptcy court proceeding. We vacate and remand.
I
In October 1969, Baylis, an attorney specializing in taxation and estate planning, created a trust (the “Trust”) for Antonia Quevillon. Baylis included in the agreement an exculpatory clause which provided that the Trustees would be “liable only for [their] own willful conduct or omissions in bad faith.” The res of the Trust consisted of two…
2Cases cited14 opinions
- Grogan v. GarnerSupreme Court of the United States · 1991
- Montana v. United StatesSupreme Court of the United States · 1979
- Francis A. Willhauck, Jr. v. Paul HalpinCourt of Appeals for the First Circuit · 1992
- Martin v. RingMassachusetts Supreme Judicial Court · 1987
- Prebor v. Collins (In Re I Don't Trust)Court of Appeals for the First Circuit · 1998
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3Cited by6 opinions
- Rutanen v. BaylisCourt of Appeals for the First Circuit · 2002
- Kane v. Town of Harpswell (In Re Kane)Court of Appeals for the First Circuit · 2001
- Blacksmith Investments, Inc. v. Woodford (In Re Woodford)Bankruptcy Appellate Panel of the First Circuit · 2009
- Matthews v. Nealon (In re Nealon)United States Bankruptcy Court, D. Massachusetts · 2015
- Urological Surgery Professional Ass'n v. William Mann Co.District Court, D. New Hampshire · 2011
1 more not listed; retrieve them via the Exa API.