Legal Opinion
Denis v. Delta Air Lines, Inc.
Court of Appeals of Georgia
Decided March 2, 2001No. A00A1926PublishedCited by 9 opinions
1Opinion of the Court
POPE, Presiding Judge.
Under Georgia law, a person may not assign to another a right of action for personal torts. OCGA § 44-12-24. By operation of federal bankruptcy law, however, if a tort victim files bankruptcy, such a claim automatically vests in the trustee regardless of state law. Bankruptcy law also provides that under certain circumstances a trustee may “abandon” property of the estate back to the debtor. The issue in this case is whether a bankruptcy trustee violates OCGA § 44-12-24 by abandoning a tort claim back to the debtor/tort victim. We hold that federal bankruptcy law…
2Cases cited7 opinions
- Midlantic National Bank v. New Jersey Department of Environmental ProtectionSupreme Court of the United States · 1986
- Brown v. O'KEEFESupreme Court of the United States · 1937
- Integrated Solutions, Inc. v. Service Support Specialties, Inc.Court of Appeals for the Third Circuit · 1997
- Central Railroad & Banking Co. v. Brunswick & Western RailroadSupreme Court of Georgia · 1891
- Guhl v. DavisSupreme Court of Georgia · 1978
2 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Kaye v. Dupree (In Re Avado Brands, Inc.)United States Bankruptcy Court, N.D. Texas · 2006
- Thaxton v. Norfolk Southern Corp.Court of Appeals of Georgia · 2007
- Gingold v. AllenCourt of Appeals of Georgia · 2005
- Nesbitt v. WildeCourt of Appeals of Georgia · 2010
- Southeast Recovery Services, LLC v. NorthenCourt of Appeals of Georgia · 2002
4 more not listed; retrieve them via the Exa API.