Fitzgerald v. Ninn Worx Sr, Inc. (In Re Fitzgerald)
United States Bankruptcy Appellate Panel for the Ninth Circuit
1Opinion of the Court
OPINION
MONTALI, Bankruptcy Judge.
In this decision we revisit the heightened duty of a bankruptcy court to make an independent analysis and evaluation in the all too familiar situation of a trustee in bankruptcy selling to a defendant the estate’s causes of action against that defendant. Our conclusion that such an analysis and evaluation should have been made in this case is bolstered by recent United States Supreme Court precedent reminding bankruptcy judges of their duty to make the inquiry regardless of the manner in which the parties have presented them with the question.
Debtor-Appellant,…
2Cases cited11 opinions
- In Re a & C Properties, Debtors. William W. Martin, Superseded by Gilbert Robinson, in Intervention v. William E. Kane, Barbara Kelly, K & K Properties, Inc., and Investors Replacement, Inc., William W. Martin, Objectors-Plaintiffs-Appellants v. Gilbert Robinson, Trustee in Bankruptcy, in InterventionCourt of Appeals for the Ninth Circuit · 1986
- Bankr. L. Rep. P 76,065 in Re Baker & Drake, Inc., Dba "Yellow Cab", Debtor. Baker & Drake, Inc. v. Public Service Commission of NevadaCourt of Appeals for the Ninth Circuit · 1994
- In Re Basil N. Spirtos, Debtor. Basil N. Spirtos v. Irene MorenoCourt of Appeals for the Ninth Circuit · 1993
- In Re Kristine Ballantyne Ewell, Debtor. Kristine Ballantyne Ewell, Debtor-Appellant v. Steven D. Diebert, Trustee-AppelleeCourt of Appeals for the Ninth Circuit · 1992
- Simantob v. Claims Prosecutor, LLC (In Re Lahijani)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2005
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3Cited by22 opinions
- Beeman v. BGI Creditors' Liquidating Trust (In re BGI, Inc.)Court of Appeals for the Second Circuit · 2014
- In re TrentadueUnited States Bankruptcy Court, E.D. Wisconsin · 2015
- In Re HyLoft, Inc.United States Bankruptcy Court, D. Nevada · 2011
- Collins v. WolfDistrict Court, S.D. California · 2018
- Fann Contracting, Inc. v. Garman Turner Gordon LLPDistrict Court, D. Nevada · 2018
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