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Legal Opinion

Schlotzhauer v. Morton

Court of Special Appeals of Maryland

Decided July 30, 2015No. 0049/14PublishedCited by 7 opinions

1Opinion of the CourtArthur, J.

This appeal concerns an intersection of federal bankruptcy law and Maryland civil procedure. The appeal specifically concerns the identity of the real party in interest and the effect of the statute of limitations, including the doctrine of relation back, when a person has been divested of the right to pursue a tort claim because of a bankruptcy filing, but later reacquires that right by operation of bankruptcy law.

When a person files for protection from creditors under federal bankruptcy law, all of the person’s property, including personal injury claims, become the property of the…

2Cases cited46 opinions

  1. Schwab v. ReillySupreme Court of the United States · 2010
  2. New York Central & Hudson River Railroad v. KinneySupreme Court of the United States · 1922
  3. RRC Northeast, LLC v. BAA Maryland, Inc.Court of Appeals of Maryland · 2010
  4. Henry Clay Tignor v. William C. Parkinson, Jr., in Re Henry Clay Tignor, DebtorCourt of Appeals for the Fourth Circuit · 1984
  5. Benson v. StateCourt of Appeals of Maryland · 2005

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3Cited by7 opinions

  1. Amer. Radiology v. ReissCourt of Appeals of Maryland · 2020
  2. Morton v. SchlotzhauerCourt of Appeals of Maryland · 2016
  3. Reiss v. Am. Radiology Servs., LLCCourt of Special Appeals of Maryland · 2019
  4. Reiss v. American RadiologyCourt of Special Appeals of Maryland · 2019
  5. Sydnor v. HathawayCourt of Special Appeals of Maryland · 2016

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