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· 8/12/2008

Dynasty Oil & Gas, LLC v. Citizens Bank

Citations

  • 540 F.3d 351
  • 2008 U.S. App. LEXIS 17130
  • 50 Bankr. Ct. Dec. (CRR) 100
  • 2008 WL 3306724

How courts have described this case

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

  • noting that a debtor’s loss of standing “is a logical consequence of the nature of a bankruptcy, which is designed primarily to secure prompt, effective administration and settlement of all debtor’s assets and liabilities within a limited time” (internal quotation marks omitted)
  • “Standing is a jurisdictional requirement, and we are obliged to ensure it is satisfied[.]”
  • “After confirmation of a plan, the ability of the [debtor] to enforce a claim once held by the estate is limited to that which has been retained in the plan.”
  • “Neither the Plan’s blanket reservation of ‘any and all claims’ arising under the Code, nor its specific reservation of other types of claims under various Code provisions are sufficient to preserve the common-law claims Dynasty now brings.”
  • “Neither the Plan’s blanket reservation of ‘any and all claims’ arising under the Code, nor its specific reservation of other types of claims under various Code provisions are sufficient to preserve the common-law claims.... ”
  • claim was not reserved because there was no language indicating reservation

Source: CourtListener parenthetical corpus (CC0).

Judges: Jones, Wiener, Clement

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.