Philippe Tanguy v. William West (In the Matter of Richard Davis)
- Citation:
- Philippe Tanguy v. William West (In the Matter of Richard Davis), Case No. 12-20555 (unpublished)(per curiam)
- Tag(s):
-
- Ruling:
- Stern v. Marshall does not deprive a bankruptcy court of jurisdiction over a third party's counterclaims against the bankruptcy estate or trustee relating to acts allegedly committed during the bankruptcy.
- Procedural context:
- Appeal from district court decision affirming bankruptcy court's judgment after trial on the merits in an adversary proceeding between a Chapter 7 Trustee and a third-party defendant/counter-claimant.
- Facts:
- Defendant executed a promissory note in connection with purchase of airplane and continued to make monthly payments to the Chapter 7 Trustee after the noteholder filed bankruptcy. Months later, Defendant stopped making payments due to litigation with other parties over ownership of the aircraft and Defendant's demand that Trustee defend title to the aircraft. The Trustee sued on the note; Defendant counterclaimed for breach of contract and related claims. The bankrutpcy court entered judgment for the Trustee after a bench trial.
- Judge(s):
- Stewart, Davis, Wiener
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