Legal Opinion

Mackall v. JPMorgan Chase Bank, N.A.

Colorado Court of Appeals

Decided September 11, 2014No. Court of Appeals No. 13CA1427PublishedCited by 20 opinions

1Opinion of the Court

Opinion by

JUDGE ASHBY

{1 Plaintiffs, Deborah Mackall and Herbert Hutchins, appeal the district court's judgment dismissing their complaint pursuant to C.R.C.P. 12(b)(5). As an issue of first impression in Colorado, we first address whether a debtor who fails to disclose a state court claim to the bankruptcy court lacks standing to assert that claim after the bank-ruptey case is dismissed. Because we conclude that a debtor has standing in this situation, we proceed to address two additional *949issues of first impression in Colorado: (1) whether a bankruptcy court's order allowing a creditor's…

2Cases cited39 opinions

  1. Heck v. HumphreySupreme Court of the United States · 1994
  2. New Hampshire v. MaineSupreme Court of the United States · 2001
  3. Semtek International Inc. v. Lockheed Martin Corp.Supreme Court of the United States · 2001
  4. Marshall v. MarshallSupreme Court of the United States · 2006
  5. Crawford v. Franklin Credit Management Corp.Court of Appeals for the Second Circuit · 2014

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3Cited by20 opinions

  1. Active Release Techniques, LLC v. Xtomic, LLCColorado Court of Appeals · 2017
  2. v. ParrishColorado Court of Appeals · 2019
  3. Campaign Integrity Watchdog v. Coloradans for a Better FutureColorado Court of Appeals · 2016
  4. City of Aurora v. 1405 Hotel, LLCColorado Court of Appeals · 2016
  5. City of Aurora v. 1405 Hotel, LLCColorado Court of Appeals · 2016

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