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· 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 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.