· 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
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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.