Legal Opinion

In re Muhlig

United States Bankruptcy Court, S.D. Florida.

Decided June 26, 2013No. Case No. 11-14639-BKC-RAMPublishedCited by 4 opinions

1Opinion of the Court

*758Chapter 7

MEMORANDUM OPINION AND ORDER (1) DEEMING STATE COURT JUDGMENT VOID AND (2) GRANTING FURTHER RELIEF

Robert A. Mark, Judge United States Bankruptcy Court

The debtor in this Chapter 7 case failed to schedule a potentially valuable prepetition wrongful death lawsuit against several major tobacco companies. The defendants obtained a final summary judgment dismissing the complaint for lack of standing by arguing that the claim belonged to the bankruptcy estate. The contested matters before the Court raise the following question: Was the state court judgment dismissing the complaint obtained…

2Cases cited16 opinions

  1. William J. Crosby v. Monroe CountyCourt of Appeals for the Eleventh Circuit · 2004
  2. Borg-Warner Acceptance Corporation v. Alvin Dewayne Hall and Beverly Jane Hall, A/K/A Beverly Jane CantinCourt of Appeals for the Eleventh Circuit · 1982
  3. In Re Lamar Dewsnup and Aletha Dewsnup, Debtors. Lamar Dewsnup, Aletha Dewsnup v. Louis L. TimmCourt of Appeals for the Tenth Circuit · 1990
  4. In Re Prudential Lines Inc.Court of Appeals for the Second Circuit · 1991
  5. United States v. James W. WhiteCourt of Appeals for the Eleventh Circuit · 2006

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3Cited by4 opinions

  1. Franco v. Franco (In re Franco)United States Bankruptcy Court, D. New Mexico · 2017
  2. In re: Tarani A. JohnsonUnited States Bankruptcy Court, E.D. Pennsylvania · 2026
  3. Jonathan Aflatouni, A/K/A John Aflatouni v. Mark Anthony Montoya and Enid Montoya, Texas Court of Appeals, 2nd District (Fort Worth)2015
  4. Manuela Q. Franco and Associated Case in US District CourtUnited States Bankruptcy Court, D. New Mexico · 2019

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