Legal Opinion
In re Residential Capital, LLC
United States Bankruptcy Court, S.D. New York
Decided September 4, 2015No. Case No. 12-12020 (MG) (Jointly Administered)PublishedCited by 12 opinions
1Opinion of the Court
AMENDED MEMORANDUM OPINION AND ORDER UPHOLDING BANKRUPTCY COURT AUTHORITY TO TRY THE INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS CAUSE OF ACTION ASSERTED IN CLAIMS FILED BY PAMELA D. LONGONI AND JEAN GAGNON
MARTIN GLENN, UNITED STATES BANKRUPTCY JUDGE
The Court must decide whether it can hear and determine (ie., enter final judgment) the emotional distress claim included among the remaining claims in this contested matter. If the emotional distress claim is a “personal injury tort” under section 157(b)(5) of title 28 of the *568United States Code, absent consent (which has been withheld), only a…
2Cases cited18 opinions
- Stern v. MarshallSupreme Court of the United States · 2011
- Perino v. Cohen (In Re Cohen)District Court, S.D. New York · 1989
- Stranz v. Ice Cream Liquidation, Inc. (In Re Ice Cream Liquidation, Inc.)United States Bankruptcy Court, D. Connecticut · 2002
- Adelson v. Smith (In Re Smith)United States Bankruptcy Court, D. Nevada · 2008
- Vinci v. Town of Carmel (In Re Vinci)United States Bankruptcy Court, S.D. New York · 1989
13 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- In re Gawker Media LLCUnited States Bankruptcy Court, S.D. New York · 2017
- Parker v. Miller (In re Miller)United States Bankruptcy Court, S.D. Mississippi · 2018
- Brandy Russell, Successor-in-Interest to Decedent v. Windsor El Camino Care Center, LLCUnited States Bankruptcy Court, E.D. California · 2025
- Byrnes v. ByrnesUnited States Bankruptcy Court, D. New Mexico · 2022
- Deaver v. JohnsonUnited States Bankruptcy Court, E.D. Virginia · 2024
7 more not listed; retrieve them via the Exa API.