Legal Opinion
Bailey v. Household Finance Corp. (In Re Bailey)
District Court, District of Columbia
Decided February 9, 2004No. Bankruptcy No. 03-01408, Adversary No. 03-10078PublishedCited by 12 opinions
1Opinion of the Court
DECISION AND TENTATIVE ORDER RE DISMISSAL OF PROCEEDING
S. MARTIN TEEL, JR., Bankruptcy Judge.
The defendant has sought to dismiss this matter as required to be pursued by arbitration. However, that issue ought not be reached if the debtors have no standing to pursue the claims, or if the court lacks jurisdiction over the claims.
The court must dismiss this adversary proceeding, in its present posture, because the plaintiffs lack standing to assert the claims to the extent they are property of the estate in this case under chapter 7 of the Bankruptcy Code (11 U.S.C.), and because the court lacks…
2Cases cited19 opinions
- Parsons Steel, Inc. v. First Alabama BankSupreme Court of the United States · 1986
- Charles W. Bauer, Jr. And Nellie P. Bauer, Robert H. Waldschmidt, Trustee v. Commerce Union Bank, Clarksville, Tennessee and Kenneth C. BainesCourt of Appeals for the Sixth Circuit · 1988
- In Re Burneice Turner, D/B/A Bunni's Diamond Inn and F/d/b/a Bunni's Casbar, Bunni's Andy C's, Debtor. Burneice Turner v. Kenneth ErmigerCourt of Appeals for the Second Circuit · 1983
- Bankr. L. Rep. P 76,680 in Re Jeri L. Pace, Debtor. John E. Havelock John R. Strachan v. Harold S. Taxel, TrusteeCourt of Appeals for the Ninth Circuit · 1995
- Meyer v. FlemingSupreme Court of the United States · 1946
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3Cited by12 opinions
- Desert Palm Surgical Group, P.L.C. v. PettaCourt of Appeals of Arizona · 2015
- Hopkins v. Foothill Mountain, Inc. (In Re Hopkins)United States Bankruptcy Court, E.D. New York · 2006
- Boland v. Crum (In Re Brown)United States Bankruptcy Court, D. Montana · 2007
- JOHN ATKINS v. 4940 WISCONSIN, LLCDistrict of Columbia Court of Appeals · 2014
- Crum v. Tomlinson (In Re Hettick)United States Bankruptcy Court, D. Montana · 2009
7 more not listed; retrieve them via the Exa API.