Legal Opinion

Miller v. Bill & Carolyn Ltd. Partnership (In Re Baldwin)

Court of Appeals for the Tenth Circuit

Decided January 26, 2010No. 06-7083, 09-7004PublishedCited by 24 opinions

1Opinion of the Court

McKAY, Circuit Judge.

These two consolidated appeals arise from separate adversary proceedings in a Chapter 7 bankruptcy case. Both adversary proceedings involve the same parties and relate to a family limited partnership in which Debtor Carolyn Baldwin owned a 99% limited partnership interest at the time the bankruptcy proceeding commenced. The parties have agreed on appeal that the bankruptcy trustee stepped into the shoes of the debtor with respect to this partnership interest and was entitled to assert whatever rights the limited partner had under the partnership agreement. The question…

2Cases cited5 opinions

  1. In Re Durability, Inc., Debtor. James R. Adelman, Trustee v. Fourth National Bank and Trust Company, N.A., of Tulsa, Ok, Fred I. Palmer, Sr.Court of Appeals for the Fourth Circuit · 1990
  2. Broitman v. Kirkland (In Re Kirkland)Court of Appeals for the Tenth Circuit · 1996
  3. Barnes v. HelfenbeinSupreme Court of Oklahoma · 1976
  4. In re: Albrecht v.Court of Appeals for the Tenth Circuit · 2000
  5. Heskett v. HeskettCourt of Civil Appeals of Oklahoma · 1995

3Cited by24 opinions

  1. Aviva Life & Annuity Co. v. White (In Re Millennium Multiple Employer Welfare Benefit Plan)Court of Appeals for the Tenth Circuit · 2014
  2. Martin v. Hauck (In re Hauck)District Court, D. Colorado · 2013
  3. Zeman v. Waterman (In Re Waterman)District Court, D. Colorado · 2012
  4. In re CupitDistrict Court, D. Colorado · 2015
  5. Nelson v. Long (In Re Long)Court of Appeals for the Tenth Circuit · 2016

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