Legal Opinion
In Re Finley, Kumble, Wagner, Heine, Underberg
United States Bankruptcy Court, S.D. New York
Decided July 15, 1994No. 19-35065PublishedCited by 3 opinions
1Opinion of the Court
MEMORANDUM DECISION DISALLOWING CLAIM NO. 281, SKILLMAN E. SIEWERT
PRUDENCE BEATTY ABRAM, Bankruptcy Judge:
There has been no lack of diligence by the claimant in pursuing his claim. Unfortunately for the claimant, mere tenacity is not a basis for the allowance of a claim. To the extent that the claim is one for malpractice, it must be disallowed because the claimant was neither a client of the debtor law firm nor within the scope of those third parties entitled under Georgia law to assert a malpractice claim. To the extent the claim is one for common law fraud, the claim must also be…
2Cases cited39 opinions
- Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
- Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
- Erie Railroad v. TompkinsSupreme Court of the United States · 1938
- Robert C. Hahn v. Francis W. SargentCourt of Appeals for the First Circuit · 1975
- Ultramares Corp. v. ToucheNew York Court of Appeals · 1931
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3Cited by3 opinions
- In Re Finley, Kumble, Wagner, Heine, UnderbergDistrict Court, S.D. New York · 1995
- In re Republic Airways Holdings Inc.United States Bankruptcy Court, S.D. New York · 2019
- In Re Bidermann Industries U.S.A., Inc.United States Bankruptcy Court, S.D. New York · 1999