Legal Opinion

Kloian v. Kelley

Court of Appeals for the Sixth Circuit

Decided September 10, 2004No. 02-1843PublishedCited by 3 opinions

1Per curiam

The question in this appeal is whether the bankruptcy court was authorized to set aside its own previous order authorizing the trustee to abandon to Mr. Kloian certain malpractice claims that Kloian had brought against his former attorney and tenant, Peter J. Kelley, and Kelley’s law firm, Cramer, Minock & Gallagher, P.C. Like the district court below, we hold that the bankruptcy court’s action was valid.

I

Kloian is the 90% owner of a financial company called FAA. On July 20, 1999, he filed a Chapter 7 bankruptcy petition. Before Kloian filed that petition, FAA brought two landlord-tenant…

2Cases cited7 opinions

  1. Cusano v. KleinCourt of Appeals for the Ninth Circuit · 2001
  2. 27 Collier bankr.cas.2d 1112, Bankr. L. Rep. P 74,813, 20 Ucc rep.serv.2d 1008 in Re Baker & Getty Financial Services, Inc., Debtors. First National Bank of Barnesville, (91-3200), Plaintiff/cross-Appellant (91-3199) v. Carl D. Rafoth, Trustee for Baker & Getty Financial Services, Inc., Baker & Getty Diversified, Inc., Baker & Getty Securities, Inc., Philip Cordek and Suzan Bierman Cordek, (91-3195), Defendants/cross-Appellants (91-3269)Court of Appeals for the First Circuit · 1992
  3. DeVore v. Marshack (In Re DeVore)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1998
  4. In Re OzerUnited States Bankruptcy Court, E.D. New York · 1997
  5. Wallace v. Enriquez (In Re Enriquez)United States Bankruptcy Court, D. Nebraska · 1982

2 more not listed; retrieve them via the Exa API.

3Cited by3 opinions

  1. Richard Jahn v. Philip Craig BurkeCourt of Appeals for the Sixth Circuit · 2017
  2. In Re ReimanUnited States Bankruptcy Court, E.D. Michigan · 2010
  3. In re HaberUnited States Bankruptcy Court, S.D. Ohio · 2016

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