· 2/7/2005
Casey v. Grasso (In Re Riccitelli)
Citations
- 320 B.R. 483
- 2005 Bankr. LEXIS 209
- 2005 WL 388553
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that malpractice claim that accrued postpetition was not ‘‘sufficiently rooted in the pre-bankruptcy past’’ because harm suffered occurred postpetition and was entangled with debtor’s ability to have unencumbered fresh start
- applying Segal approach and concluding that malpractice claim alleging loss of homestead exemption was not property of estate
- analyzing whether attorney’s prepetition legal advice was an asset of the bankruptcy estate
- “Only postpetition could [the debtor] have claimed the homestead exemption in bankruptcy.... Only postpetition did he suffer ... the loss of what would otherwise have been his protected equity.”
- “This motion (as opposed to the adversary proceeding as a whole
Source: CourtListener parenthetical corpus (CC0).
Judges: Robert Somma
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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