Search for: "Dynamics v. Marine Midland"
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31 May 2019, 4:17 am
“[A] debtor’s failure to list a legal claim as an asset in his or her bankruptcy proceeding causes the claim to remain the property of the bankruptcy estate and precludes the debtor from pursuing the claim on his or her own behalf” (123 Cutting Co. v Topcove Assoc., 2 AD3d 606, 607; see 11 USC § 554; Ladson v Fessel, 85 AD3d 1128, 1129; see also Dynamics Corp. of Am. v Marine Midland Bank-N.Y., 69 NY2d… [read post]
12 Jul 2012, 2:52 am
The failure of a party to disclose a cause of action as an asset in a prior bankruptcy proceeding, which the party knew or should have known existed at the time of that proceeding, deprives him or her of "the legal capacity to sue subsequently on that cause of action" (Whelan v Longo, 23 AD3d 459, 460, affd 7 NY3d 821; see Dynamics Corp. of Am. v Marine Midland Bank-N.Y., 69 NY2d 191, 195-196; Santori v Met Life, 11 AD3d 597, 599; 123… [read post]
5 Jan 2008, 2:12 pm
So… to calm things down, I am able to state that there are no known ‘unusual antics’ being reported by Martin George and colleagues at Conflict of Laws.net, by Jeremy Philips and colleagues at IPKat (Intellectual property) or Alex and his colleagues over at IMPACT; an excellent law rich blog by leading Midlands firm, Freeth Cartwright. [read post]
