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· 8/31/2011

In Re American Cartage, Inc.

Citations

  • 656 F.3d 82

How courts have described this case

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

  • noting that the rationale behind requiring an issue to be included in the statement of issues to prevent waiver was sound
  • noting that “[i]t is common ground that when a cause of action belongs to the bankruptcy estate, the trustee has the exclusive right to assert it”
  • explaining issue waived unless explicitly listed or “the substance of the issue reasonably can be inferred” from the issues listed
  • stating an issue omitted from the statement of issues is waived
  • For example, a description such as “all tort claims arising out of the explosion of debtor’s factory” would suffice.

Source: CourtListener parenthetical corpus (CC0).

Judges: Howard, Selya and Thompson, Circuit Judges

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.