Legal Opinion
In Re McCourt
United States Bankruptcy Court, S.D. New York
Decided July 17, 1981No. 18-13866PublishedCited by 7 opinions
1Opinion of the Court
DECISION ON ORDER TO SHOW CAUSE FOR AN ORDER DIRECTING DEBTOR TO EXECUTE RIGHT OF ELECTION
HOWARD SCHWARTZBERG, Bankruptcy Judge.
Crucial to the resolution of the conflict in this case is whether or not a distinction should be drawn between property rights of a debtor that pass to a trustee in bankruptcy under Code § 541 and personal rights of a debtor which may or may not be exercised by him as he sees fit. The trustee in bankruptcy seeks an order under Code § 521(2) directing the debtor to cooperate with the trustee and execute a right of election to which he is entitled under the New York…
2Cases cited13 opinions
- In Re the Will of HillsNew York Court of Appeals · 1934
- In Re the Estate of HerterNew York Court of Appeals · 1949
- In re the Estate of HerterNew York Surrogate's Court · 1948
- In re the Estate of ZalewskiNew York Surrogate's Court · 1941
- In re the Estate of BrillNew York Surrogate's Court · 1940
8 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- In Re BrandUnited States Bankruptcy Court, S.D. Florida. · 2000
- In Re HilsenUnited States Bankruptcy Court, E.D. New York · 2009
- In re WhittUnited States Bankruptcy Court, N.D. Ohio · 2015
- Pryor v. Ventola (In Re Ventola)United States Bankruptcy Court, E.D. New York · 2008
- BUTLER v. WOJTKUNDistrict Court, D. Massachusetts · 2019
2 more not listed; retrieve them via the Exa API.