Legal Opinion

Capuccio v. Capuccio (In re Capuccio)

United States Bankruptcy Court, W.D. Oklahoma

Decided September 16, 2016No. Case No. 16-10604-JDL; ADV No. 16-1053-JDLPublishedCited by 1 opinion

1Opinion of the Court

*463MEMORANDUM OPINION AND ORDER DENYING MOTION TO DISMISS

Janice D. Loyd, U.S. Bankruptcy Judge

I. Introduction

This adversary proceeding arises from a family dispute regarding management of the estate of an incapacitated woman, Anna Marie Capuccio (“Mother”). The plaintiff is Anthony Cappuccio (the “Plaintiff’) who is the son of Mother, and her current court-appointed guardian. The Defendant is Elena Marie Capuccio (the “Debtor”), the debtor in the underlying bankruptcy case.' The Debtor served as Mother’s primary caregiver and manager of Mother’s finances before the state court removed her and…

2Cases cited35 opinions

  1. Ashcroft v. IqbalSupreme Court of the United States · 2009
  2. Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
  3. Robbins Ex Rel. Robbins v. Oklahoma Ex Rel. Department of Human ServicesCourt of Appeals for the Tenth Circuit · 2008
  4. Stern v. MarshallSupreme Court of the United States · 2011
  5. Marrese v. American Academy of Orthopaedic SurgeonsSupreme Court of the United States · 1985

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3Cited by1 opinion

  1. Music Mix Mobile LLC v. Newman (In re Stage Presence, Inc.)United States Bankruptcy Court, S.D. New York · 2018

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