· 8/18/2009
St. Paul Fire & Marine Insurance v. Labuzan
Citations
- 579 F.3d 533
- 2009 U.S. App. LEXIS 18553
- 51 Bankr. Ct. Dec. (CRR) 277
- 2009 WL 2501122
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that principals in their capacity as creditors, not officers, had standing to pursue stay violations
- holding that individuals other than the debtor have standing to pursue a claim under § 362(k) and noting in its examination of the scope of the term \individual\ that a district court within the Fifth Circuit has held that a corporate creditor fell within that definition
- “Accordingly, we hold debtors and creditors are entities whose grievances fall ‘within the zone of interests’ protected by § 362(k).”
- “If Congress intended to abrogate the prudential standing requirement by enacting § 362(k), that intent is not expressed clearly.”
- “Congress could have easily included § 362(k) claims under the ‘property of the estate’ umbrella.”
- ‘‘[The] plain language of [11 U.S.C.] § 541 (a) (1) implies that [an 11 U.S.C.] § 362 (k
Source: CourtListener parenthetical corpus (CC0).
Judges: Reavley, Barksdale, Garza
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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