Legal Opinion

Scott v. National Century Financial Enterprises, Inc. (In Re Baltimore Emergency Services II, Corp.)

Court of Appeals for the Fourth Circuit

Decided December 20, 2005No. 05-1104PublishedCited by 4 opinions

1Opinion of the Court

Reversed and remanded with instructions by published opinion. Judge WILKINSON wrote the opinion, in which Chief Judge WILKINS and Judge GREGORY joined.

WILKINSON, Circuit Judge.

This case concerns the standing of creditors to file an adversary action in bankruptcy court asserting the interests of the estate. Plaintiffs, a secured creditor and a committee of unsecured creditors, sued a former insider of several debtor corporations to prevent his interfering with the debtors’ Chapter 11 restructuring. The bankruptcy court held that plaintiffs had standing and subsequently entered a preliminary…

2Cases cited16 opinions

  1. Hartford Underwriters Insurance v. Union Planters Bank, N. A.Supreme Court of the United States · 2000
  2. Firefighters Local Union No. 1784 v. StottsSupreme Court of the United States · 1984
  3. Microstrategy Incorporated v. Motorola, Incorporated,defendantCourt of Appeals for the Fourth Circuit · 2001
  4. Louisiana World Exposition v. Federal Insurance CompanyCourt of Appeals for the Fifth Circuit · 1988
  5. Richard M. Fogel, as Trustee for the Estate of Madison Management Group, Inc. v. Samuel Zell, Appeal of City and County of DenverCourt of Appeals for the Seventh Circuit · 2000

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

3Cited by4 opinions

  1. SunTrust Bank v. Matson (In re CHN Construction, LLC)United States Bankruptcy Court, E.D. Virginia · 2015
  2. NM Enterprises, Inc. v. Harrington (In re Flying Star Cafes, Inc.)United States Bankruptcy Court, D. New Mexico · 2017
  3. Alicia Ann Mahar v. New Rez LLC d/b/a Shellpoint Mortgage Servicing, US National Bank National Association, as Trustee for Credit Suisse First Boston Mortgage Securities Corp., CSAP Mortgage-Backed Pass-Through Certificates, Series 2006-3 (as identified in Annex 3 to the Credit Suisse DOJ Settlement)United States Bankruptcy Court, E.D. Virginia · 2026
  4. In Re Baltimore Emergency Services Ii, Corporation, Debtor. Steven M. Scott v. National Century Financial Enterprises, Incorporated Pappg Grantor Trust, Creditors-AppelleesCourt of Appeals for the Fourth Circuit · 2005

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