Legal Opinion
Frances Gecker, Not Individually But for Emerald Casino, Inc. v. Estate (In re Emerald Casino, Inc.)
District Court, E.D. Illinois
Decided January 24, 2018No. 02 B 22977; Bankr. Adv. No. 08 A 00972; No. 11 C 4714Published
1Opinion of the Court
REBECCA R. PALLMEYER, United States District Judge
This dispute relates to a money judgment the court previously entered against the Estate of Kevin Flynn, a former CEO of the now-bankrupt Emerald Casino, Inc. Frances Gecker, the Chapter 7 bankruptcy trustee, has moved to compel turnover of certain assets in satisfaction of the judgment. Susan Flynn, Kevin Flynn's surviving *730spouse, objects to the motion, arguing that the "probate exception" to federal subject matter jurisdiction precludes this court from deciding whether the assets must be turned over to the Trustee. As explained below, the…
2Cases cited15 opinions
- Marshall v. MarshallSupreme Court of the United States · 2006
- Freeport-McMoRan Inc. v. K N Energy, Inc.Supreme Court of the United States · 1991
- Sykes v. Cook County Circuit Court Probate DivisionCourt of Appeals for the Seventh Circuit · 2016
- Caroline Chevalier v. Kimberly BarnhartCourt of Appeals for the Sixth Circuit · 2015
- Dexia Credit Local v. RoganCourt of Appeals for the Seventh Circuit · 2010
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