Legal Opinion
Stanley Ex Rel. Estate of Hale v. Trinchard
Court of Appeals for the Fifth Circuit
Decided August 17, 2009No. 08-30899PublishedCited by 14 opinions
1Opinion of the Court
EDITH H. JONES, Chief Judge:
H.S. Stanley, as trustee for the bankruptcy estate of Gary Eugene Hale, appeals a summary judgment from the district court, which held that the estate’s legal malpractice claims against Trinch-ard, Trinchard, & Trinchard LLC (“Trinchard”) were time-barred. Because Congress expressed an overriding and unqualified interest in allowing bankruptcy trustees sufficient time to discover causes of action on behalf of their estates, we hold that § 108(a) of the Bankruptcy Code, 11 U.S.C. § 108(a), extended Louisiana’s legal malpractice peremption period. We reverse and…
2Cases cited14 opinions
- Butner v. United StatesSupreme Court of the United States · 1979
- Exxon Mobil Corp. v. Allapattah Services, Inc.Supreme Court of the United States · 2005
- Warfield v. ByronCourt of Appeals for the Fifth Circuit · 2006
- Reeder v. NorthSupreme Court of Louisiana · 1997
- Andrew v. Coopersmith (In Re Downtown Investment Club III)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1988
9 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Verrastro v. Bayhospitalists, LLCSupreme Court of Delaware · 2019
- In re ScottUnited States Bankruptcy Court, N.D. Mississippi · 2015
- Straub v. RichardsonLouisiana Court of Appeal · 2012
- Lentz v. TRINCHARDDistrict Court, E.D. Louisiana · 2010
- O'Cheskey v. CitiGroup Global Markets, Inc. (In re American Housing Foundation)United States Bankruptcy Court, N.D. Texas · 2015
9 more not listed; retrieve them via the Exa API.