· 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).
Sourced from CourtListener / Free Law Project (CC0).
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