Legal Opinion
Ellwanger v. Budsberg (In Re Ellwanger)
United States Bankruptcy Court, W.D. Washington
Decided May 6, 1992No. 18-42924PublishedCited by 26 opinions
1Opinion of the Court
DECISION: OWNERSHIP OF CAUSES OF ACTION
PHILIP H. BRANDT, Bankruptcy Judge.
I. ISSUES
A. Jurisdiction: Whether the Bankruptcy Court has jurisdiction over a malpractice claim which arises out of legal representation both pre- and post-petition, but which became irremediable, and therefore accrued under state law, post-petition.
B. Property of the Estate: Whether that malpractice claim is property of the estate.
II. HISTORY
In 1981 Debtors Will and Helen Ellwan-ger, then married, lived in Gig Harbor, Washington. In late August of that year, Helen Ellwanger went to visit her terminally ill mother,…
2Cases cited26 opinions
- Robi v. Five Platters, Inc.Court of Appeals for the Ninth Circuit · 1988
- Sergeant Perry Watkins v. United States ArmyCourt of Appeals for the Ninth Circuit · 1989
- Naton v. Bank of CaliforniaCourt of Appeals for the Ninth Circuit · 1981
- Goodley v. Wank & Wank, Inc.California Court of Appeal · 1976
- Henry Clay Tignor v. William C. Parkinson, Jr., in Re Henry Clay Tignor, DebtorCourt of Appeals for the Fourth Circuit · 1984
21 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- State Farm Life Insurance v. SwiftCourt of Appeals for the Fifth Circuit · 1997
- Cloud v. Northrop Grumman Corp.California Court of Appeal · 1998
- In Re TomaioloUnited States Bankruptcy Court, D. Massachusetts · 1997
- Delp v. DouglasCourt of Appeals of Texas · 1997
- Scott v. Resolution Trust Corp. (In Re Scott)United States Bankruptcy Court, W.D. Texas · 1993
21 more not listed; retrieve them via the Exa API.