Legal Opinion

Simon v. Miller (In re Miller Parking Co.)

District Court, E.D. Michigan

Decided July 21, 2015No. 14-14832, Bankruptcy No. 09-71272PublishedCited by 2 opinions

1Opinion of the Court

OPINION

DAVID M. LAWSON, District Judge.

The question presented in this bankruptcy appeal is whether a Chapter 7 bankruptcy trustee may submit a claim in a different bankruptcy proceeding, not on behalf of the trustee’s debtor, but on behalf of the creditors of that first bankruptcy. The bankruptcy court answered no, and this Court agrees. The bankruptcy court’s order sustaining the objection to, and disallowing, the claim will be affirmed.

I

Miller Parking Company, LLC (“Miller Detroit”) was a limited liability company that owned and operated several parking structures and surface lots located…

2Cases cited22 opinions

  1. In Re Varat Enterprises, Inc., Debtor. First Union Commercial Corporation v. Nelson, Mullins, Riley and ScarboroughCourt of Appeals for the First Circuit · 1996
  2. Winget v. JP Morgan Chase Bank, N.A.Court of Appeals for the Sixth Circuit · 2008
  3. James W. Adair v. Michael L. Sherman and Sherman & ShermanCourt of Appeals for the Seventh Circuit · 2000
  4. Randall Waldman v. Ronald StoneCourt of Appeals for the Sixth Circuit · 2012
  5. In Re Rcs Engineered Products Company, Inc., Debtor. Spartan Tube and Steel, Inc. v. Daniel C. Himmelspach Railcar Specialties, Inc.Court of Appeals for the Sixth Circuit · 1996

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3Cited by2 opinions

  1. Evangelista v. SilverUnited States Bankruptcy Court, E.D. Michigan · 2022
  2. In re: LAUCH PAD, LLC d/b/a Syncrob.itUnited States Bankruptcy Court, W.D. Kentucky · 2026

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