Legal Opinion
Witko v. Menotte (In re Witko)
Court of Appeals for the Eleventh Circuit
Decided June 25, 2004No. 03-16188PublishedCited by 47 opinions
1Opinion of the Court
SMITH, District Judge:
Alfred J. Witko (Witko) appeals the district court’s award of his legal malpractice claim to his bankruptcy estate. On appeal, Witko argues that he filed his bankruptcy petition before his legal malpractice cause of action accrued and that the legal malpractice, upon which he bases his claim, did not damage the bankruptcy estate. We conclude that Witko’s cause of action is not property of his estate and, accordingly, we reverse.
I.BACKGROUND
On September 8, 1999, Witko filed a petition for voluntary bankruptcy. On January 13, 2000, in a separate proceeding regarding…
2Cases cited12 opinions
- Butner v. United StatesSupreme Court of the United States · 1979
- United States v. Whiting Pools, Inc.Supreme Court of the United States · 1983
- Barnhill v. JohnsonSupreme Court of the United States · 1992
- Segal v. RochelleSupreme Court of the United States · 1966
- Steele v. KehoeSupreme Court of Florida · 1999
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3Cited by47 opinions
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- Church Joint Venture, L.P. v. Earl BlasingameCourt of Appeals for the Sixth Circuit · 2021
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