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12 New York opinions name it 2 courts 1997–2019 0 in the last five years
The cases below were cited by New York courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
George Strokes Electrical & Plumbing, Inc. v. Dyegreen2 sentences2017As such, a debtor’s failure to list a legal claim as an asset in its bankruptcy proceeding precludes the debtor from pursuing such claim on its own behalf inasmuch as the claim remains the property of the bankruptcy estate (see Mehlenbacher v Swartout, 289 AD2d 651, 652 [2001]; George Strokes Elec. & Plumbing v Dye, 240 AD2d 919, 920 [1997]; see generally Whelan v Longo, 7 NY3d 821, 822 [2006]). 2017As such, a debtor’s failure to list a legal claim as an asset in its bankruptcy proceeding precludes the debtor from pursuing such claim on its own behalf inasmuch as the claim remains the property of the bankruptcy estate (see Mehlenbacher v Swartout, 289 AD2d 651, 652 [2001]; George Strokes Elec. & Plumbing v Dye, 240 AD2d 919, 920 [1997]; see generally Whelan v Longo, 7 NY3d 821, 822 [2006]). | 7 | 8 |
Dynamics Corp. of America v. Marine Midland Bank-New Yorkgreen2 sentences2019Causes of action that accrue under state law prior to the filing of a bankruptcy petition, as well as those that accrue as a result of the filing, are property of the estate ( see Johnson, Blakely, Pope, Bokor, Ruppel & Burns, P.A. v Alvarez [In re Alvarez] , 224 F3d 1273, 1277-1278 [11th Cir]; Winick & Rich, P.C. v Strada Design Assocs. [In re Strada Design Assocs.] , 326 BR 229, 235 [SD NY]). "[A] debtor's failure to list a legal claim as an asset in his or her bankruptcy proceeding causes the claim to remain the property of the bankruptcy estate and precludes the debtor from pursuing the cl 2003When the appellant filed for bankruptcy pursuant to chapter 11 of the 1978 United States Bankruptcy Code (11 USC) in or about September 2000, more than five years after it commenced Action No. 2, it failed to list that action as an asset in its bankruptcy petition. “[I]t is well settled that a debtor’s failure to list a legal claim as an asset in his or her bankruptcy proceeding causes the claim to remain the property of the bankruptcy estate and precludes the debtor from pursuing the claim on his or her own behalf” (Strokes Elec. & Plumbing v Dye, 240 AD2d 919, 920 [1997]; see Dynamics Corp. | 6 | 8 |
Whelan v. Longogreen2 sentences2017As such, a debtor’s failure to list a legal claim as an asset in its bankruptcy proceeding precludes the debtor from pursuing such claim on its own behalf inasmuch as the claim remains the property of the bankruptcy estate (see Mehlenbacher v Swartout, 289 AD2d 651, 652 [2001]; George Strokes Elec. & Plumbing v Dye, 240 AD2d 919, 920 [1997]; see generally Whelan v Longo, 7 NY3d 821, 822 [2006]). 2017As such, a debtor’s failure to list a legal claim as an asset in its bankruptcy proceeding precludes the debtor from pursuing such claim on its own behalf inasmuch as the claim remains the property of the bankruptcy estate (see Mehlenbacher v Swartout, 289 AD2d 651, 652 [2001]; George Strokes Elec. & Plumbing v Dye, 240 AD2d 919, 920 [1997]; see generally Whelan v Longo, 7 NY3d 821, 822 [2006]). | 2 | 2 |
Mehlenbacher v. Swartoutgreen2 sentences2017As such, a debtor’s failure to list a legal claim as an asset in its bankruptcy proceeding precludes the debtor from pursuing such claim on its own behalf inasmuch as the claim remains the property of the bankruptcy estate (see Mehlenbacher v Swartout, 289 AD2d 651, 652 [2001]; George Strokes Elec. & Plumbing v Dye, 240 AD2d 919, 920 [1997]; see generally Whelan v Longo, 7 NY3d 821, 822 [2006]). 2017As such, a debtor’s failure to list a legal claim as an asset in its bankruptcy proceeding precludes the debtor from pursuing such claim on its own behalf inasmuch as the claim remains the property of the bankruptcy estate (see Mehlenbacher v Swartout, 289 AD2d 651, 652 [2001]; George Strokes Elec. & Plumbing v Dye, 240 AD2d 919, 920 [1997]; see generally Whelan v Longo, 7 NY3d 821, 822 [2006]). | 2 | 2 |
DeLarco v. DeWittgreen2 sentences2001Plaintiffs now appeal. “[A] debtor’s failure to list a legal claim as an asset in his or her bankruptcy proceeding causes the claim to remain the prop erty of the bankruptcy estate and precludes the debtor from pursuing the claim on his or her own behalf’ (Strokes Elec. & Plumbing v Dye, 240 AD2d 919, 920 ) because, “[u]pon the filing of a voluntary bankruptcy petition, all property which a debtor owns or subsequently acquires, including a cause of action, vests in the bankruptcy estate” (DeLarco v DeWitt, 136 AD2d 406, 408 ; see, Hansen v Madani, 263 AD2d 881, 882 ). 1999As such, “a debtor’s failure to list a legal claim as an asset in his or her bankruptcy proceeding causes the claim to remain the property of the bankruptcy estate and precludes the debtor from pursuing the claim on his or her own behalf’ (Strokes Elec. & Plumbing v Dye, 240 AD2d 919, 920 ; see, Dynamics Corp. v Marine Midland Bank, 69 NY2d 191, 195-196 ; De Larco v De Witt, supra, at 408). | 1 | 3 |
123 Cutting Co. v. Topcove Associates, Inc.green2 sentences2019Causes of action that accrue under state law prior to the filing of a bankruptcy petition, as well as those that accrue as a result of the filing, are property of the estate ( see Johnson, Blakely, Pope, Bokor, Ruppel & Burns, P.A. v Alvarez [In re Alvarez] , 224 F3d 1273, 1277-1278 [11th Cir]; Winick & Rich, P.C. v Strada Design Assocs. [In re Strada Design Assocs.] , 326 BR 229, 235 [SD NY]). "[A] debtor's failure to list a legal claim as an asset in his or her bankruptcy proceeding causes the claim to remain the property of the bankruptcy estate and precludes the debtor from pursuing the cl 2004Thus, “a debtor’s failure to list a legal claim as an asset in his or her bankruptcy proceeding causes the claim to remain the property of the bankruptcy estate and precludes the debtor from pursuing the claim on his or her own behalf’ (123 Cutting Co. v Topcove Assoc., 2 AD3d 606, 607 [2003] [internal quotation marks omitted]; see Martinez v Desai, supra). | 1 | 2 |
Hansen v. Madanigreen2 sentences2001A debtor’s failure to list a legal claim as an asset on his or her bankruptcy petition causes the claim to remain the property of the bankruptcy estate and precludes a debtor from pursuing the claim on his or her own behalf (see, Hansen v Madani, 263 AD2d 881 ; see also, Bromley v Fleet Bank, supra). 2001Plaintiffs now appeal. “[A] debtor’s failure to list a legal claim as an asset in his or her bankruptcy proceeding causes the claim to remain the prop erty of the bankruptcy estate and precludes the debtor from pursuing the claim on his or her own behalf’ (Strokes Elec. & Plumbing v Dye, 240 AD2d 919, 920 ) because, “[u]pon the filing of a voluntary bankruptcy petition, all property which a debtor owns or subsequently acquires, including a cause of action, vests in the bankruptcy estate” (DeLarco v DeWitt, 136 AD2d 406, 408 ; see, Hansen v Madani, 263 AD2d 881, 882 ). | 1 | 2 |
Winick & Rich, P.C. v. Strada Design Associates, Inc. (In Re Strada Design Associates, Inc.)green1 sentence2019Causes of action that accrue under state law prior to the filing of a bankruptcy petition, as well as those that accrue as a result of the filing, are property of the estate ( see Johnson, Blakely, Pope, Bokor, Ruppel & Burns, P.A. v Alvarez [In re Alvarez] , 224 F3d 1273, 1277-1278 [11th Cir]; Winick & Rich, P.C. v Strada Design Assocs. [In re Strada Design Assocs.] , 326 BR 229, 235 [SD NY]). "[A] debtor's failure to list a legal claim as an asset in his or her bankruptcy proceeding causes the claim to remain the property of the bankruptcy estate and precludes the debtor from pursuing the cl | 1 | 1 |
In Re: Fernando R. Alvarez, Debtor. Johnson, Blakely, Pope, Bokor, Ruppel & Burns, P.A. v. Fernando R. Alvarezgreen1 sentence2019Causes of action that accrue under state law prior to the filing of a bankruptcy petition, as well as those that accrue as a result of the filing, are property of the estate ( see Johnson, Blakely, Pope, Bokor, Ruppel & Burns, P.A. v Alvarez [In re Alvarez] , 224 F3d 1273, 1277-1278 [11th Cir]; Winick & Rich, P.C. v Strada Design Assocs. [In re Strada Design Assocs.] , 326 BR 229, 235 [SD NY]). "[A] debtor's failure to list a legal claim as an asset in his or her bankruptcy proceeding causes the claim to remain the property of the bankruptcy estate and precludes the debtor from pursuing the cl | 1 | 1 |
Webber v. Scarano-Osikagreen1 sentence2016Accordingly, “a debtor’s failure to list a legal claim as an asset in his or her bankruptcy proceeding causes the claim to remain the property of the bankruptcy estate and precludes the debtor from pursuing the claim on his or her own behalf” (George Strokes Elec. & Plumbing v Dye, 240 AD2d 919, 920 [1997]; see Webber v Scarano-Osika, 94 AD3d 1304, 1305 [2012]; Culver v Parsons, 7 AD3d 931, 933 [2004]). | 1 | 1 |
Culver v. Parsonsgreen1 sentence2016Accordingly, “a debtor’s failure to list a legal claim as an asset in his or her bankruptcy proceeding causes the claim to remain the property of the bankruptcy estate and precludes the debtor from pursuing the claim on his or her own behalf” (George Strokes Elec. & Plumbing v Dye, 240 AD2d 919, 920 [1997]; see Webber v Scarano-Osika, 94 AD3d 1304, 1305 [2012]; Culver v Parsons, 7 AD3d 931, 933 [2004]). | 1 | 1 |
CGU Insurance v. John T. Nothnagle, Inc.green1 sentence2011(Dynamics Corp. of Am. v Marine Midland Bank-N.Y., 69 NY2d 191, 196-198 [1987]; Technology Outsource Solutions, LLC v ENI Tech., Inc., 21 AD3d 1280, 1282 [4th Dept 2005]; George Strokes Elec. & Plumbing v Dye, 240 AD2d 919, 920 [3d Dept 1997].) A debtor may not conceal assets and then, upon termina tion of the bankruptcy case, utilize the assets for his or her own benefit. | 1 | 1 |
Kunica v. St. Jean Financial, Inc.green1 sentence2005Defendant established that plaintiffs action is predicated upon facts known to the debtor before it filed its bankruptcy petition, and plaintiff failed to raise a triable issue of fact with respect thereto (see generally Santori v Met Life, 11 AD3d 597, 599 [2004]). “[I]t is well settled that a debtor’s failure to list a legal claim as an asset in his or her bankruptcy proceeding causes the claim to remain the property of the bankruptcy estate and precludes the debtor from pursuing the claim on his or her own behalf” (George Strokes Elec. & Plumbing v Dye, 240 AD2d 919, 920 [1997]; see also Ku | 1 | 1 |
Ruscillo-Steiner v. City of New Yorkgreen1 sentence2005Defendant established that plaintiffs action is predicated upon facts known to the debtor before it filed its bankruptcy petition, and plaintiff failed to raise a triable issue of fact with respect thereto (see generally Santori v Met Life, 11 AD3d 597, 599 [2004]). “[I]t is well settled that a debtor’s failure to list a legal claim as an asset in his or her bankruptcy proceeding causes the claim to remain the property of the bankruptcy estate and precludes the debtor from pursuing the claim on his or her own behalf” (George Strokes Elec. & Plumbing v Dye, 240 AD2d 919, 920 [1997]; see also Ku | 1 | 1 |
Martinez v. Desaigreen1 sentence2004Thus, “a debtor’s failure to list a legal claim as an asset in his or her bankruptcy proceeding causes the claim to remain the property of the bankruptcy estate and precludes the debtor from pursuing the claim on his or her own behalf’ (123 Cutting Co. v Topcove Assoc., 2 AD3d 606, 607 [2003] [internal quotation marks omitted]; see Martinez v Desai, supra). | 1 | 1 |
Bromley v. Fleet Bankgreen1 sentence2001A debtor’s failure to list a legal claim as an asset on his or her bankruptcy petition causes the claim to remain the property of the bankruptcy estate and precludes a debtor from pursuing the claim on his or her own behalf (see, Hansen v Madani, 263 AD2d 881 ; see also, Bromley v Fleet Bank, supra). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in New York. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Ladson v. Fessel
neutral
1 sentence2019Causes of action that accrue under state law prior to the filing of a bankruptcy petition, as well as those that accrue as a result of the filing, are property of the estate ( see Johnson, Blakely, Pope, Bokor, Ruppel & Burns, P.A. v Alvarez [In re Alvarez] , 224 F3d 1273, 1277-1278 [11th Cir]; Winick & Rich, P.C. v Strada Design Assocs. [In re Strada Design Assocs.] , 326 BR 229, 235 [SD NY]). "[A] debtor's failure to list a legal claim as an asset in his or her bankruptcy proceeding causes the claim to remain the property of the bankruptcy estate and precludes the debtor from pursuing the cl | 1 | 2019–2019 |
Tantleff v. Kestenbaum & Mark
green
1 sentence2019Here, the plaintiff's legal malpractice cause of action accrued on March 20, 2012, when she, acting on the defendants' advice, filed the bankruptcy petition ( see McCoy v Feinman , 99 NY2d 295, 301 ; Tantleff v Kestenbaum & Mark , 131 AD3d 955, 956 ; Landow v Snow Becker Krauss, P.C. , 111 AD3d 795, 796 ). | 1 | 2019–2019 |
Landow v. Krauss
green
1 sentence2019Here, the plaintiff's legal malpractice cause of action accrued on March 20, 2012, when she, acting on the defendants' advice, filed the bankruptcy petition ( see McCoy v Feinman , 99 NY2d 295, 301 ; Tantleff v Kestenbaum & Mark , 131 AD3d 955, 956 ; Landow v Snow Becker Krauss, P.C. , 111 AD3d 795, 796 ). | 1 | 2019–2019 |
McCoy v. Feinman
green
1 sentence2019Here, the plaintiff's legal malpractice cause of action accrued on March 20, 2012, when she, acting on the defendants' advice, filed the bankruptcy petition ( see McCoy v Feinman , 99 NY2d 295, 301 ; Tantleff v Kestenbaum & Mark , 131 AD3d 955, 956 ; Landow v Snow Becker Krauss, P.C. , 111 AD3d 795, 796 ). | 1 | 2019–2019 |
Gravenese v. Allstate Insurance
neutral
1 sentence2003Corp. v Chiulli, 245 AD2d 507 [1997]). | 1 | 2003–2003 |
Casement v. Town of Poughkeepsie
green
1 sentence1997Thus, in this case, because defendant failed to list the counterclaim as an asset in his bankruptcy petition, he was without legal capacity to pursue the counterclaim (see, Matter of C & M Plastics (Collins), 168 AD2d 160, 161 ; Ervolino v Scappatura, 162 AD2d 654, 655 ). | 1 | 1997–1997 |
In re Dissolution of C & M Plastics, Inc.
green
1 sentence1997Thus, in this case, because defendant failed to list the counterclaim as an asset in his bankruptcy petition, he was without legal capacity to pursue the counterclaim (see, Matter of C & M Plastics (Collins), 168 AD2d 160, 161 ; Ervolino v Scappatura, 162 AD2d 654, 655 ). | 1 | 1997–1997 |
Robinson v. J.A. Wiertel Construction
green
1 sentence1997Initially, it is well settled that a debtor’s failure to list a legal claim as an asset in his or her bankruptcy proceeding causes the claim to remain the property of the bankruptcy estate and precludes the debtor from pursuing the claim on his or her own behalf (see, Dynamics Corp. v Marine Midland Bank-N. Y., 69 NY2d 191, 196-197 ; Robinson v Wiertel Constr., 185 AD2d 664, 665 ; DeLarco v DeWitt, 136 AD2d 406, 408 ). | 1 | 1997–1997 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.