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· 2/24/2014

Aubuchon v. State Bar of Ariz.

Citations

  • 134 S. Ct. 1309
  • 188 L. Ed. 2d 360
  • 82 U.S.L.W. 3494
  • 571 U.S. 1231
  • 2014 WL 684492
  • 2014 U.S. LEXIS 1045

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • recognizing that the creditor and the debtor may have separate claims against a third party arising out of the same events
  • holding that a “plaintiff alleging fraud must . . . support its allegations with all of the essential factual background that would accompany the first paragraph of any newspaper story—that is the who, what, when, where and how of the events at issue”
  • explicating the difference between derivative and non-derivative injuries and holding that a tortious interference claim by a former company president against the outside lenders is non-derivative and separate from the bankruptcy estate
  • “If the harm to the creditor comes about only because of harm to the debtor, then its injury is derivative, and the claim is property of the estate”

Source: CourtListener parenthetical corpus (CC0).

Read full opinion on CourtListener

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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.