Majestic Star Casino, LLC v. Barden Development, Inc.

How courts have described this case

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

• concluding that S corporation status was not “property” under the Bankruptcy Code and sharply disagreeing with In re Trans-Lines West and the cases that followed
• concluding that “[a] debtor is not entitled to benefit from any avoidance”
• explaining that an interest is not outside the reach of the Bankruptcy Act because it is “contingent or because enjoyment must be postponed” (quoting In re Fruehauf Trailer Corp., 444 F.3d 203, 211 (3d Cir. 2006))
• “[F]iling for bankruptcy does not create new prop- erty rights or value where there previously were none.”
• describing a similar challenge for deciding which law governs “whether [federal] tax status constitutes a property interest of the taxpayer” in bankruptcy
• “a debtor may avoid transfers and recover transferred property or its value only if the recovery is ‘for the benefit of the estate’”

Source: CourtListener parenthetical corpus (CC0).