· 3/31/2011
In Re Milazzo
Citations
- 450 B.R. 363
- 2011 Bankr. LEXIS 1294
- 2011 WL 1300191
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- trustee had not unreasonably refused to bring an avoidance action given that he had proposed a settlement after filing the complaint and engaging in discovery
- The debtor's equity in the residence, at the time of the transfers, was less than $75,000 and was thus exempted under Connecticut's homestead exemption. Conn. Gen. Stat. § 52–352b(t
- “judge should not simply ‘rubber stamp’ the trustee’s proposal. However, the bankruptcy judge ... is not to substitute [her] judgment for that of the trustee, and the trustee’s judgment is to be accorded some deference.”
- “In this Court’s view permitting prosecution or continued prosecution of causes of action without merit, is against public policy. . . . Reasonable settlements should be encouraged. Pursuing claims without merit should not.” (internal citation omitted)
- “Consent of the trustee is the quintessential element of [derivative] [s]tanding.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Albert S. Dabrowski
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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