Legal Opinion

In Re Resource Technology Corp.

Court of Appeals for the Seventh Circuit

Decided October 31, 2011No. 10-3948PublishedCited by 15 opinions

1Opinion of the Court

POSNER, Circuit Judge.

This appeal presents a novel issue: the priority of a claim against the debtor’s estate in a Chapter 7 bankruptcy for damages arising from a tort committed by the debtor during the interval between the appointment of the trustee in bankruptcy and the liquidation a few months later of the bankrupt’s assets that had been the source of the tort.

The dramatis personae (besides the Chapter 7 trustee) are Roti, the claimant; Resource Technology Corporation, the bankrupt (which the parties call “RTC”); and Congress Development Company (“CDC”), like Roti a creditor of the…

2Cases cited18 opinions

  1. Midlantic National Bank v. New Jersey Department of Environmental ProtectionSupreme Court of the United States · 1986
  2. Reading Co. v. BrownSupreme Court of the United States · 1968
  3. Trustees of the Amalgamated Insurance Fund v. McFarlin's, Inc.Court of Appeals for the Second Circuit · 1986
  4. Jones v. Searle LaboratoriesIllinois Supreme Court · 1982
  5. People v. BrockmanIllinois Supreme Court · 1991

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3Cited by15 opinions

  1. Scottsdale Indemnity Co. v. Village of CrestwoodCourt of Appeals for the Seventh Circuit · 2012
  2. DPWN Holdings (USA), Inc. v. United Air Lines, Inc.District Court, E.D. New York · 2017
  3. In re HaynesUnited States Bankruptcy Court, N.D. Illinois · 2017
  4. State v. United States Army Corps of EngineersDistrict Court, N.D. Illinois · 2012
  5. In re Energy Conversion Devices, Inc.United States Bankruptcy Court, E.D. Michigan · 2015

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