Legal Opinion
Ryker v. Current (In Re Ryker)
United States Bankruptcy Court, D. New Jersey
Decided October 8, 2004No. 19-11784PublishedCited by 16 opinions
1Opinion of the Court
OPINION
NOVALYN L. WINFIELD, Bankruptcy Judge.
This matter is before the Court pursuant to a remand from the Hon. John C. Lifland of the United States District Court for the District of New Jersey, with the direction that the Court address whether a Chapter 13 debtor has independent statutory standing to prosecute a fraudulent transfer action under 11 U.S.C. § 548(a). As set forth at greater length below, the Court finds that except under § 522(h), a Chapter 13 debtor does not have independent standing to pursue an avoidance action. However, the Court finds that the debtor may request that the…
2Cases cited28 opinions
- United Sav. Assn. of Tex. v. Timbers of Inwood Forest Associates, Ltd.Supreme Court of the United States · 1988
- Hartford Underwriters Insurance v. Union Planters Bank, N. A.Supreme Court of the United States · 2000
- Taylor v. Freeland & KronzSupreme Court of the United States · 1992
- Einoder v. Mount Greenwood Bank (In Re Einoder)United States Bankruptcy Court, N.D. Illinois · 1985
- Realty Portfolio, Inc. v. HamiltonCourt of Appeals for the Fifth Circuit · 1997
23 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Funches v. Household Finance Consumer Discount Co. (In Re Funches)United States Bankruptcy Court, E.D. Pennsylvania · 2008
- Hansen v. Green Tree Servicing, LLC (In Re Hansen)Bankruptcy Appellate Panel of the Tenth Circuit · 2005
- Ryker v. CurrentDistrict Court, D. New Jersey · 2006
- Carey v. ErnstDistrict Court, S.D. New York · 2005
- Cole v. James B. Nutter & Co. (In re Cole)United States Bankruptcy Court, W.D. North Carolina · 2017
11 more not listed; retrieve them via the Exa API.