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Legal Opinion

Richardson v. United Parcel Service

District Court, E.D. Missouri

Decided May 24, 1996No. 4:95CV00863 GFGPublishedCited by 34 opinions

1Opinion of the Court

MEMORANDUM AND ORDER

GUNN, District Judge..

This matter is before the Court on defendant’s motion to dismiss. Defendant argues that plaintiff lacks standing to prosecute this action and the Court lacks jurisdiction over the case because plaintiff filed for bankruptcy under Chapter 13 of the Bankruptcy Code in May of 1992 and failed to list this potential cause of action as an asset in the Schedule of Assets and Liabilities filed with the Bankruptcy Court. Defendant also argues that plaintiff should be estopped from maintaining this action because he did not list it on his Schedule of Assets.

In…

2Cases cited9 opinions

  1. Oneida Motor Freight, Inc. v. United Jersey BankCourt of Appeals for the Third Circuit · 1988
  2. In Re Ozark Restaurant Equipment Co., Inc. James G. Mixon, Trustee v. Bruce Anderson, Elmer Dale Yancey, Kenneth Eads, Robert Whiteley and Anderson Cajun's Wharf, James G. Mixon, Trustee v. Anderson Cajun's Wharf, James G. Mixon, Trustee v. Ed Yancey, Bruce Anderson and Kenneth EadsCourt of Appeals for the Eighth Circuit · 1987
  3. 1993-1 Trade Cases P 70,178, Bankr. L. Rep. P 75,211 Payless Wholesale Distributors, Inc. v. Alberto Culver (p.r.) Inc.Court of Appeals for the First Circuit · 1993
  4. Specialty Mills, Inc. Hesco, Inc. Bruce Hestad v. Citizens State Bank Dakota Oat Processors, Inc.Court of Appeals for the Eighth Circuit · 1995
  5. Ohio, Department of Taxation v. H.R.P. Auto Center, Inc. (In Re H.R.P. Auto Center, Inc.)United States Bankruptcy Court, N.D. Ohio · 1991

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3Cited by34 opinions

  1. Browning Manufacturing v. Mims (In Re Coastal Plains, Inc.)Court of Appeals for the Fifth Circuit · 1999
  2. Bruce K. Cable, as Debtor in Possession v. Ivy Tech State CollegeCourt of Appeals for the Seventh Circuit · 1999
  3. Gottlieb v. KestCalifornia Court of Appeal · 2006
  4. Aery v. Wallace Lincoln-Mercury, LLCDistrict Court of Appeal of Florida · 2013
  5. Travelers Indemnity Co. of Illinois v. Griner (In Re Griner)United States Bankruptcy Court, S.D. Alabama · 1999

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