Legal Opinion

Rutanen v. Baylis (In Re Baylis)

Court of Appeals for the First Circuit

Decided July 7, 2000No. 99-2352PublishedCited by 6 opinions

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

  1. Grogan v. GarnerSupreme Court of the United States · 1991
  2. Montana v. United StatesSupreme Court of the United States · 1979
  3. Francis A. Willhauck, Jr. v. Paul HalpinCourt of Appeals for the First Circuit · 1992
  4. Martin v. RingMassachusetts Supreme Judicial Court · 1987
  5. Prebor v. Collins (In Re I Don't Trust)Court of Appeals for the First Circuit · 1998

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3Cited by6 opinions

  1. Rutanen v. BaylisCourt of Appeals for the First Circuit · 2002
  2. Kane v. Town of Harpswell (In Re Kane)Court of Appeals for the First Circuit · 2001
  3. Blacksmith Investments, Inc. v. Woodford (In Re Woodford)Bankruptcy Appellate Panel of the First Circuit · 2009
  4. Matthews v. Nealon (In re Nealon)United States Bankruptcy Court, D. Massachusetts · 2015
  5. 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.

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