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Hammes v. Brumley

Citations

  • 659 N.E.2d 1021
  • 1995 Ind. LEXIS 220
  • 1995 WL 764281

How courts have described this case

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

  • holding that in such cases suit must be brought by the bankruptcy trustee
  • noting that reopening a bankruptcy case puts the bankruptcy estate back into the process of administration
  • holding bankrupt party had standing to sue and motion to amend complaint to substitute name of bankruptcy trustee as real party in interest related back to filing of original complaint
  • taking the position that standing refers to injury in fact and real-party-in-interest status concerns whether the person is the true owner of the right sought to be enforced
  • taking the position that standing refers to injury in fact and real- party-in-interest status concerns whether the person is the true owner of the right sought to be enforced
  • stating debtor-plaintiffs’ negligence actions violated the above bankruptcy principles; personal injury causes of action existed when bankruptcies were filed yet were not scheduled as assets, and plaintiffs filed their actions after bankruptcy court discharged their debts

Source: CourtListener parenthetical corpus (CC0).

Judges: Sullivan, Shepard, Debruler, Dickson, Selby, Hommes, Hendrix, Stallsworth, Shewmaker, Stiller

Read full opinion on CourtListener

Cited by

83 cases in this archive cite this case; the 20 most cited are listed.

Cites

33 cases in this archive are cited by this case; the 20 most cited are listed.

Other cases named Hammes v. Brumley

1 other CourtListener record shares this case name.

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.