Legal Opinion

In Re Kiersz.

United States Bankruptcy Court, W.D. New York

Decided May 21, 2004No. 1-19-10185PublishedCited by 4 opinions

1Opinion of the Court

MICHAEL J. KAPLAN, Bankruptcy Judge.

May a trustee in case “A” perform a task that is necessary to the estate in case “B,” when estate “A” could not benefit from that act? Would payment to estate “A” in exchange for the act make a difference? Specifically, may a trustee of an estate that owns a whole life policy assist the trustee of the estate of the beneficiary of the policy to get policy value only for the creditors of the beneficiary? What if there are reciprocal policies such that each estate will benefit from the act of the “other” trustee, if they cooperate? It is this last situation…

2Cases cited5 opinions

  1. Imperial Assur. Co. v. LivingstonCourt of Appeals for the Eighth Circuit · 1931
  2. In Re MurchisonUnited States Bankruptcy Court, N.D. Texas · 1985
  3. In Re RichardsonUnited States Bankruptcy Court, W.D. New York · 1989
  4. In Re TrautmanUnited States Bankruptcy Court, W.D. New York · 2003
  5. In Re Lake Ridge AssociatesDistrict Court, E.D. Virginia · 1994

3Cited by4 opinions

  1. In Re McWhorterUnited States Bankruptcy Court, N.D. Alabama · 2004
  2. In re RuddUnited States Bankruptcy Court, M.D. Alabama · 2012
  3. Ilardo v. Al's Diesel, Inc. (In Re World Parts, LLC)United States Bankruptcy Court, W.D. New York · 2005
  4. In Re KierszUnited States Bankruptcy Court, W.D. New York · 2004

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