Legal Opinion

Simantob v. Claims Prosecutor, LLC (In Re Lahijani)

United States Bankruptcy Appellate Panel for the Ninth Circuit

Decided April 21, 2005No. BAP No. CC-04-1350-KMOSN, Bankruptcy No. SV 98-15561-AGPublishedCited by 55 opinions

1Opinion of the Court

OPINION

KLEIN, Bankruptcy Judge.

What is in a name? Sometimes a lot— of misinformation. If ever there was a misnomer, it is the name of appellee, “Claims Prosecutor, LLC,” which should have called itself “Claims Defender” or “Claims Extinguisher” when purchasing the trustee’s causes of action to retrieve property allegedly transferred by the debtor. Its owner, who is both a defendant and the debtor’s brother-in-law, concedes that the causes of action will not be prosecuted and elected in open court not to attempt to establish that the purchase was in “good faith” for purposes of -the 11 U.S.C.…

2Cases cited14 opinions

  1. Kelly v. RobinsonSupreme Court of the United States · 1986
  2. Protective Committee for Independent Stockholders of TMT Trailer Ferry, Inc. v. AndersonSupreme Court of the United States · 1968
  3. In Re a & C Properties, Debtors. William W. Martin, Superseded by Gilbert Robinson, in Intervention v. William E. Kane, Barbara Kelly, K & K Properties, Inc., and Investors Replacement, Inc., William W. Martin, Objectors-Plaintiffs-Appellants v. Gilbert Robinson, Trustee in Bankruptcy, in InterventionCourt of Appeals for the Ninth Circuit · 1986
  4. In Re P.R.T.C., Inc., Debtor. Duckor Spradling & Metzger v. Baum TrustCourt of Appeals for the Ninth Circuit · 1999
  5. In Re GucciCourt of Appeals for the Second Circuit · 1997

9 more not listed; retrieve them via the Exa API.

3Cited by55 opinions

  1. Cadle Co. v. Mims (In Re Moore)Court of Appeals for the Fifth Circuit · 2010
  2. AFI Holding, Inc. v. BrownCourt of Appeals for the Ninth Circuit · 2008
  3. Wolkowitz v. Beverly (In Re Beverly)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2007
  4. Dye v. Brown (In Re AFI Holding, Inc.)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2006
  5. Fitzgerald v. Ninn Worx Sr, Inc. (In Re Fitzgerald)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2010

50 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API