Legal Opinion
Litzinger v. Estate of Litzinger (In Re Litzinger)
United States Bankruptcy Appellate Panel for the Eighth Circuit
Decided March 15, 2005No. BAP 04-6059EMPublishedCited by 5 opinions
1Opinion of the Court
DREHER, Bankruptcy Judge.
This is an appeal from an order of the bankruptcy court allowing a claim by The Estate of Victor Litzinger in the amount of $130,553.38. In allowing the claim the bankruptcy court held that debtor had participated in the conversion of at least that amount of probate estate assets. We remand with instructions to the bankruptcy court to address a jurisdictional issue which was never raised or briefed before the bankruptcy court or this Bankruptcy Appellate Panel.
BACKGROUND AND FACTS
Victor Litzinger (Victor) had two heirs, his nephews Guy Litzinger (Guy) and Warren…
2Cases cited17 opinions
- Anderson v. City of Bessemer CitySupreme Court of the United States · 1985
- Markham v. AllenSupreme Court of the United States · 1946
- Inalene Lewis v. United States of America, Farmers Home AdministrationCourt of Appeals for the Eighth Circuit · 1993
- Rochelle S. Moser v. Anne Sisko Pollin, Irvin Pollin, Hyman Sisko, and George M. CerroneCourt of Appeals for the Second Circuit · 2002
- In Re WatermanUnited States Bankruptcy Appellate Panel for the Eighth Circuit · 2000
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3Cited by5 opinions
- Litzinger v. Estate of Litzinger (In Re Litzinger)United States Bankruptcy Appellate Panel for the Eighth Circuit · 2006
- First Home Savings Bank v. Courtney Excavating & Construction, Inc. (In Re Courtney Excavating & Construction, Inc.)United States Bankruptcy Court, W.D. Missouri · 2005
- Litzinger v. Estate of Litzinger (In Re Litzinger)United States Bankruptcy Appellate Panel for the Eighth Circuit · 2005
- Louise M. Litzinger v. EstateUnited States Bankruptcy Appellate Panel for the Eighth Circuit · 2006
- Morrison Supply Co. v. Dalton (In Re Dalton)United States Bankruptcy Court, D. New Mexico · 2009