Legal Opinion

NBD Bank, N.A. v. Fletcher (In Re Fletcher)

United States Bankruptcy Court, W.D. Michigan

Decided January 10, 1995No. 17-80161PublishedCited by 19 opinions

1Opinion of the Court

OPINION SUPPLEMENTING BENCH DECISION DENYING NBD BANK’S MOTION FOR RECONSIDERATION OF COURT’S DISMISSAL OF ADVERSARY PROCEEDINGS

JAMES D. GREGG, Bankruptcy Judge.

I. ISSUE

These two adversary proceedings principally raise procedural issues relating to standing to litigate: Once bankruptcy is commenced, may an individual creditor file or continue a lawsuit to recover alleged preferences, fraudulent conveyances or transfers, either in state court or in the bankruptcy court, against the spouses of Chapter 7 debtors? This court holds it is axiomatic that once a bankruptcy case is filed, state court…

2Cases cited18 opinions

In Re Mortgageamerica Corporation, Debtor. The American National Bank of Austin v. Mortgageamerica CorporationCourt of Appeals for the Fifth Circuit · 1983
In the Matter of Xonics Photochemical, Inc., Debtor. Appeal of Mitsui and Company (u.s.a.), IncCourt of Appeals for the Seventh Circuit · 1988
In Re Stn EnterprisesCourt of Appeals for the Second Circuit · 1985
In the Matter of Thomas J. Perkins, Jr., Debtor-Appellant, and Appeal of Teachers' Retirement System of the State of Illinois, InterveningCourt of Appeals for the Seventh Circuit · 1990
Hansen v. Finn (In Re Curry & Sorensen, Inc.)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1986

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

3Cited by19 opinions

In Re: Tribune Company Fraudulent Conveyance LitigationCourt of Appeals for the Second Circuit · 2016
Note Holders, Deutsche Bank Trust Co. Americas v. Large Private Beneficial OwnersCourt of Appeals for the Second Circuit · 2016
In Re Swallen's, Inc.United States Bankruptcy Court, S.D. Ohio · 1997
In Re West Pointe Properties, L.P.United States Bankruptcy Court, E.D. Tennessee · 2000
Waters v. GrosfeldDistrict Court, E.D. Michigan · 1995

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