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Amazing Enterprises v. Jobin (In Re M & L Business MacHines, Inc.)

District Court, D. Colorado

Decided April 9, 1993No. 92-K-286, Bankruptcy No. 90 15491 CEM, Adv. No. 91 1504 PACPublishedCited by 37 opinions

1Opinion of the Court

MEMORANDUM DECISION ON APPEAL

KANE, Senior District Judge.

This matter is before me on Plaintiffs motion to dismiss Trustee Christine J. Jo-bin’s appeal from the bankruptcy court’s January 28, 1992 order. 136 B.R. 271. In that order, the bankruptcy court granted Plaintiffs’ motion for summary judgment in their action against the Trustee for declaratory relief. The court held that Plaintiffs’ claims against alleged insiders of debtor M & L Business Machines, Inc. were personal to them and that the Trustee had no standing to assert them under § 544 of the Bankruptcy Code. Plaintiffs argue that…

2Cases cited12 opinions

  1. Robertson v. Seattle Audubon SocietySupreme Court of the United States · 1992
  2. Forti v. Suarez-MasonDistrict Court, N.D. California · 1987
  3. Steege v. Lyons (In Re Lyons)United States Bankruptcy Court, N.D. Illinois · 1991
  4. Mahoney, Trocki & Associates, Inc. v. Kunzman (In Re Mahoney, Trocki & Associates, Inc.)United States Bankruptcy Court, S.D. California · 1990
  5. Brandt v. Gelardi (In Re Shape, Inc.)United States Bankruptcy Court, D. Maine · 1992

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3Cited by37 opinions

  1. In Re M & L Business MacHine Company, Inc., Debtor. Christine J. Jobin, Trustee of the Estate of M & L Business MacHine Company, Inc. v. Vincent Boryla, Also Known as V.J. Boryla, as Trustee of the Eagle Trace Employee Pension Plan Eagle Trace Employee Pension Plan, and Vincent Boryla, Also Known as V.J. Boryla, Individually Robert G. Joseph, in Re M & L Business MacHine Company, Inc., Debtor. Christine J. Jobin, Trustee of the Estate of M & L Business MacHine Company, Inc. v. Freda Vizcarra, Erroneously Sued as Fernando or F. VizcarraCourt of Appeals for the Tenth Circuit · 1996
  2. Bonwit Teller, Inc. v. Jewelmasters, Inc. (In Re Hooker Investments, Inc.)United States Bankruptcy Court, S.D. New York · 1994
  3. Ford v. Union Bank (In re San Joaquin Roast Beef)Court of Appeals for the Ninth Circuit · 1993
  4. Iron-Oak Supply Corp. v. NIBCO, Inc. (In Re Iron-Oak Supply Corp.)United States Bankruptcy Court, E.D. California · 1993
  5. McFarland v. Leyh (In re Texas General Petroleum Corp.)Court of Appeals for the Fifth Circuit · 1995

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