Legal Opinion

Winmark Ltd. Partnership v. Miles & Stockbridge

Court of Appeals of Maryland

Decided May 9, 1997No. 57, September Term 1996PublishedCited by 27 opinions

1Opinion of the Court

RODOWSKY, Judge.

In this case we consider whether a debtor’s nondisclosure, as an asset, of a potential tort claim during a debtor in possession reorganization under Chapter 11 of the Bankruptcy Code bars the debtor from post-confirmation litigation of that claim against defendants who were not creditors in the bankruptcy.

The petitioners are WinMark Limited Partnership (Win-Mark) and its two general partners, Jay A. Winer (Winer) and Mark Sapperstein (Sapperstein). WinMark was formed in 1987 for the purpose of owning, developing, and leasing two office buildings on two adjoining parcels of…

2Cases cited19 opinions

  1. Railway Co. v. McCarthySupreme Court of the United States · 1878
  2. Oneida Motor Freight, Inc. v. United Jersey BankCourt of Appeals for the Third Circuit · 1988
  3. Ryan Operations G.P., a Virginia General Partnership and Nvr, L.P., a Virginia Limited Partnership, on Behalf of Its Division, Nvr Building Products Co. v. Santiam-Midwest Lumber Co., an Oregon Corporation Furman Lumber, Inc., a Massachusetts Corporation Bright Wood Corp., an Oregon Corporation. Bright Wood Corp., Third Party v. Forrest Paint Co., Inc., an Oregon Corporation Guardsman Products, Inc., a Delaware Corporation, Third Party Ryan Operations G.P. And Nvr, L.P. And Its Division, Nvr Building Products Co.Court of Appeals for the Third Circuit · 1996
  4. 1993-1 Trade Cases P 70,178, Bankr. L. Rep. P 75,211 Payless Wholesale Distributors, Inc. v. Alberto Culver (p.r.) Inc.Court of Appeals for the First Circuit · 1993
  5. Stein v. United Artists Corp.Court of Appeals for the Ninth Circuit · 1982

14 more not listed; retrieve them via the Exa API.

3Cited by27 opinions

  1. Dashiell v. MeeksCourt of Appeals of Maryland · 2006
  2. Standard Fire Insurance v. BerrettCourt of Appeals of Maryland · 2006
  3. Nam v. Montgomery CountyCourt of Special Appeals of Maryland · 1999
  4. Underwood-Gary v. MathewsCourt of Appeals of Maryland · 2001
  5. Roper v. CamusoCourt of Appeals of Maryland · 2003

22 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API