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· 2/28/1997

Bankr. L. Rep. P 77,295 Harry G. Hager v. Ruth A. Gibson, Trustee for Preference, Ltd.

Citations

  • 108 F.3d 35
  • 1997 U.S. App. LEXIS 3606
  • 1997 WL 83564

How courts have described this case

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

  • finding that state law determines ability of agent to act for a debtor to file a bankruptcy petition
  • finding that state law determines ability of agent to act for a debtor to file a bankruptcy petition
  • finding that Price does not foreclose the possibility of ratification/relation back if the authorization through ratification is possible under local law
  • listing cases applying ratification to validate by relation-back a jurisdiction originally lacking
  • applying Virginia law, and concluding that “the unauthorized filing of a voluntary petition in bankruptcy [o]n behalf of a corporation might be ratified in appropriate circumstances by ensuing conduct of persons with power to have authorized it originally.”
  • “It-has long been settled that a basis for diversity jurisdiction not present at the time of commencement of- an action may be supplied by later voluntary acts of a plaintiff, though not of a defendant.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Luttig, Michael, Phillips

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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.