Legal Opinion
Elswick Co. v. Comm2013 CCRE12 Crossings Mall Rd. LLC (In re Tara Retail Grp., LLC)
United States Bankruptcy Court, N.D. West Virginia
Decided December 10, 2018No. Case No. 17-bk-57; Adv. Proc. No. 18-ap-16PublishedCited by 3 opinions
1Opinion of the Court
Because recharacterization is essentially an objection to the allowance of a claim, the court finds the Advisory Committee note to Fed. R. Bankr. P. 3007 instructive regarding who has the authority to pursue a claim objection:
While the debtor's other creditors may make objections to the allowance of a claim, the demands of orderly and expeditious administration have led to a recognition that the right to object is generally exercised by the trustee. Pursuant to § 502(a) of the Code, however, any party in interest may object to a claim. But under § 704 the trustee, if any purpose would be…
2Cases cited9 opinions
- Hartford Underwriters Insurance v. Union Planters Bank, N. A.Supreme Court of the United States · 2000
- St. Paul Fire and Marine Insurance Company v. Pepsico, Inc., Pepsico, Inc., Third-Party v. Banner Industries, Inc., Third-PartyCourt of Appeals for the Second Circuit · 1989
- Highland Capital Management LP v. Chesapeake Energy Corp. (In Re Seven Seas Petroleum, Inc.)Court of Appeals for the Fifth Circuit · 2008
- Official Committee of Unsecured Creditors of Cybergenics Corp. Ex Rel. Cybergenics Corp. v. ChineryCourt of Appeals for the Third Circuit · 2003
- In re Sabine Oil & Gas Corp.United States Bankruptcy Court, S.D. New York · 2016
4 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Amore v. RidgelyUnited States Bankruptcy Court, N.D. West Virginia · 2021
- Blackjewel, L.L.C. v. United BankUnited States Bankruptcy Court, S.D. West Virginia · 2022
- DeCurtis Holdings LLCUnited States Bankruptcy Court, D. Delaware · 2023