Legal Opinion

Arab Monetary Fund v. Hashim (In Re Hashim)

United States Bankruptcy Appellate Panel for the Ninth Circuit

Decided December 6, 2007No. BAP No. AZ-07-1145-KDN, Bankruptcy No. 94-09453-CGC, Adversary No. 96-00668-CGCPublishedCited by 7 opinions

1Opinion of the Court

OPINION

KLEIN, Bankruptcy Judge.

The appellant won a $49.6 million judgment against the debtor, followed him into bankruptcy court, and filed an adversary proceeding to recover embezzled funds allegedly transferred or concealed by the debtor, in which it named the chapter 7 trustee as a defendant. The court declined to permit appellant to maintain an action to recover for the benefit of the estate and denied the trustee’s motion to be realigned as plaintiff real party in interest, leaving appellant only with nonbank-ruptcy causes of action on which it did not prevail at trial. We AFFIRM the…

2Cases cited30 opinions

  1. Kokkonen v. Guardian Life Insurance Co. of AmericaSupreme Court of the United States · 1994
  2. Anderson v. City of Bessemer CitySupreme Court of the United States · 1985
  3. Kelly v. RobinsonSupreme Court of the United States · 1986
  4. Indianapolis v. Chase Nat. BankSupreme Court of the United States · 1941
  5. City of Indianapolis v. Chase National BankSupreme Court of the United States · 1941

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3Cited by7 opinions

  1. Cadle Co. v. Mims (In Re Moore)Court of Appeals for the Fifth Circuit · 2010
  2. Newby v. Enron Corp.District Court, S.D. Texas · 2011
  3. Cadle Co. v. MimsCourt of Appeals for the Fifth Circuit · 2010
  4. In re GrayUnited States Bankruptcy Court, D. Idaho · 2014
  5. Brookview Apartments, L.L.C. v. Bronson Family Trust (In re Know Weigh, L.L.C.)United States Bankruptcy Court, C.D. California · 2017

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