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· 10/9/2007

Cadle Co. v. Mangan (In Re Flanagan)

Citations

  • 503 F.3d 171
  • 58 Collier Bankr. Cas. 2d 1079
  • 2007 U.S. App. LEXIS 23622
  • 48 Bankr. Ct. Dec. (CRR) 265

How courts have described this case

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

  • explaining that section 502(b)(1) disallows a claim “to the extent that it is ‘unenforceable against the debtor and property of the debtor, under any agreement or applicable law for a reason other than because such claim is contingent or unmatured.’” (quoting 11 U.S.C. § 502(b
  • \The earmarking doctrine applies where a third party lends money to the debtor for the specific purpose of paying a selected creditor.\
  • “It is well established that once a trustee is appointed, a debtor loses all authority to litigate any claim for or against the estate.”
  • “A plain reading of [§ 502(b)] thus suggests that the bankruptcy court should determine whether a creditor’s claim is enforceable against the debtor as of the date the bankruptcy petition was filed.”
  • “[T]he effect of a constructive trust in bankruptcy is to take the property out of the debtor’s estate and to place the constructive trust claimant ahead of other creditors with regard to the trust res.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Cardamone, Miner, Straub

Read full opinion on CourtListener

Sourced 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.