Legal Opinion
Kalyna v. Swaine (In Re Accomazzo)
District Court, D. Arizona
Decided October 27, 1998No. Civ. 95-0876-PHX-BMV, Bankruptcy No. 90-06385-PHX-RTB, BAP No. AZ-95-1385PublishedCited by 7 opinions
1Opinion of the Court
Amended Memorandum and Order
VAN SICKLE, District Judge.
This appeal concerns a bankruptcy trustee’s potential liability for negligent acts or omissions while administrating a bankruptcy estate. This Court must decide whether the bankruptcy court may impose liability upon a trustee where the court finds that the trustee negligently failed to maximize the property of a bankruptcy estate in performance of the trustee’s discretionary duties.
Suzanne D. Aceomazzo (the “Debtor”) filed her voluntary petition under Chapter 7 of the Bankruptcy Code (“Code”) on June 18, 1990. Stanley M. Swaine (“Swaine”)…
2Cases cited7 opinions
- Butner v. United StatesSupreme Court of the United States · 1979
- In Re Cochise College Park, Inc.Court of Appeals for the Ninth Circuit · 1983
- In Re RigdenCourt of Appeals for the First Circuit · 1986
- Hall-Mark Electronics Corp. v. Sims (In Re Lee)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1995
- Itule v. Metlease, Inc. (In Re Itule)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1990
2 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Phoenician Mediterranean Villa, LLC v. Swope (In re J & S Properties, LLC)United States Bankruptcy Court, W.D. Pennsylvania · 2015
- In Re MoonUnited States Bankruptcy Court, N.D. Florida · 2001
- Farrell v. American Executive Management, Inc. (In Re North Star Management, LP)United States Bankruptcy Court, D. North Dakota · 2003
- In Re ANR Advance Transportation Co.United States Bankruptcy Court, E.D. Wisconsin · 2002
- Caudill v. N.C. MacHinery, Inc. (In Re American Eagle Mfg., Inc.)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1999
2 more not listed; retrieve them via the Exa API.