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S.D. New York· 3/7/1990

In Re Chateaugay Corp.

Citations

  • 111 B.R. 67
  • 1990 WL 21361

How courts have described this case

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

  • “Allowing op disallowing claims is clearly a separate and distinct function from liquidating or estimating that claim.”
  • “the law in this district is that Congress intended this exception for a ‘narrow range of claims’”
  • “the bankruptcy court must have jurisdiction to make the threshold determination of whether as a matter of law, a claim exists which can be asserted against the debtor, even if that claim sounds in personal injury.”
  • “[A] finding that the claim is subject to disallowance as a matter of law is not tantamount to a determination on the merits of the personal injury tort or wrongful death claim.”
  • “It cannot be disputed that [t]he obvious purpose of the 1984 Amendments is to prevent bankruptcy courts from trying personal injury tort and wrongful death actions.” (emphasis added) (citation omitted) (internal quotation marks omitted)
  • “The cases are clear that a bankruptcy court may not hear proceedings to liquidate or estimate personal injury tort or wrongful death claims for the purpose of determining the distribution payable to such claimants.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Burton R. Lifland

Read full opinion on CourtListener

Cited by

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

Cites

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

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