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· 7/19/2023

U.S. Bank Natl. Assn. v. Glasgow

Citations

  • 218 A.D.3d 717
  • 194 N.Y.S.3d 40
  • 2023 NY Slip Op 03882

How courts have described this case

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

  • finding dis-positive the fact that the crop disaster payment legislation that gave rise to the payment was only enacted into law after the commencement of the case
  • noting sufficiently rooted test did not survive enactment of Bankruptcy Code because 11 U.S.C. § 541 expressly defines property of bankruptcy estate and former § 70a [5] of Bankruptcy Act did not
  • “[H]e did not have a prepetition claim to, or interest in, the disaster-relief payment because the legislation authorizing the payment had not yet been enacted.”
  • \ Segal 's `sufficiently rooted' test did not survive the enactment of the Bankruptcy Code.\
  • section 541(a)(1) provides temporal limitation and debtor must have pre-petition interest in remedy “at the commencement of the case”
  • “Mere allegations, unsupported by specific facts or evidence beyond the nonmoving party’s own conclusions, are insufficient to withstand a motion for summary judgment.”

Source: CourtListener parenthetical corpus (CC0).

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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.