Legal Opinion
Ring v. Wittmeyer (In Re Wittmeyer)
United States Bankruptcy Court, W.D. New York
Decided January 30, 2004No. 1-19-10186PublishedCited by 4 opinions
1Opinion of the Court
MICHAEL J. KAPLAN, Bankruptcy Judge.
The Court writes today because the simple facts presented by stipulation in this Adversary Proceeding offer a vehicle upon which to memorialize and reinforce two parallel lines of reasoning that have guided this writer’s decisions in all of the many, many times that this or a similar issue has been presented to this writer. Title to an asset is in the Debtor, but someone else who is not a debtor in a bankruptcy case claims that all equitable and beneficial interest in the asset belongs to him. The line of reasoning that has invariably guided this writer’s…
2Cases cited3 opinions
- In Re Howard's Appliance Corp., Debtor. Sanyo Electric, Inc. v. Howard's Appliance Corp.Court of Appeals for the Second Circuit · 1989
- In the Matter of Bollinger Corporation, Bankrupt. Appeal of Carl L. Bigler, Trustee for Bollinger CorporationCourt of Appeals for the Third Circuit · 1980
- In Re OndreyUnited States Bankruptcy Court, W.D. New York · 1998
3Cited by4 opinions
- Horwitz v. Rote (In re Moorhouse)United States Bankruptcy Court, W.D. New York · 2013
- Wallach v. Simcoe (In re Lorenzo)United States Bankruptcy Court, W.D. New York · 2006
- Ring, III v. ELN Professional Employers GroupUnited States Bankruptcy Court, W.D. New York · 2020
- Wallach v. Ford Motor Co. (In re Performance Transportation Services, Inc.)United States Bankruptcy Court, W.D. New York · 2013