· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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