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· 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 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.