Legal Opinion

Weiss v. Alicea (In Re Alicea)

United States Bankruptcy Court, S.D. New York

Decided February 22, 1999No. 18-12568PublishedCited by 49 opinions

1Opinion of the Court

MEMORANDUM DECISION DETERMINING DEFENDANT’S MOTION TO DISMISS THE COMPLAINT

STUART M. BERNSTEIN, Bankruptcy Judge.

The plaintiff, an attorney, formerly represented the debtor, William A. Alicea. He also invested in one of Alicea’s real estate deals. The plaintiff filed this adversary proceeding contending that his unpaid legal fees and lost investment should be declared non-dischargeable. Alicea moved to dismiss the amended complaint on the grounds that it fails to state a claim upon which relief can be granted, and is time-barred. For the reasons that follow, the motion is granted in part and…

2Cases cited56 opinions

  1. Conley v. GibsonSupreme Court of the United States · 1957
  2. Scheuer v. RhodesSupreme Court of the United States · 1974
  3. Kawaauhau v. GeigerSupreme Court of the United States · 1998
  4. Field v. MansSupreme Court of the United States · 1995
  5. Sarah B. Shields, Individually and as Representative of All Others Similarly Situated v. Citytrust Bancorp, Inc., George F. Taylor and Irwin EngelmanCourt of Appeals for the Second Circuit · 1994

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3Cited by49 opinions

  1. Barnes v. Belice (In Re Belice)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2011
  2. Cadwell v. Joelson (In Re Joelson)Court of Appeals for the Tenth Circuit · 2005
  3. In Re Peter Bogdanovich & Louise Hoogstratten Bogdanovich, Debtors. Gerald Schneiderman, Aly Spencer, and Barry Spencer v. Peter Bogdanovich & Louise Hoogstratten Bogdanovich, Debtors-AppellantsCourt of Appeals for the Second Circuit · 2002
  4. In Re: Shmuel E. Gulevsky, Debtor. Blake Berkson v. Shmuel E. GulevskyCourt of Appeals for the Seventh Circuit · 2004
  5. Scheidelman v. Henderson (In Re Henderson)United States Bankruptcy Court, N.D. New York · 2010

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