(Download) "Compton v. Chatnika Gold Camp Properties" by Alaska Supreme Court ~ Book PDF Kindle ePub Free
eBook details
- Title: Compton v. Chatnika Gold Camp Properties
- Author : Alaska Supreme Court
- Release Date : January 01, 1999
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 68 KB
Description
A creditor purchased litigation claims from the debtors bankruptcy estate in 1993. The creditor then filed a superior court malpractice suit against the debtors attorney. In 1996 the bankruptcy court set aside the order approving the sale of the claims and declared that only the bankruptcy trustee was the real party in interest on those claims. The existing superior court parties then filed a stipulation dismissing the malpractice lawsuit with prejudice, and the superior court ordered dismissal with prejudice. The bankruptcy trustee unsuccessfully moved to set aside the dismissal order and to be substituted as the real party plaintiff in interest. Because the claims were assets of the bankruptcy estate and because dismissal of the suit without the trustees permission violated the automatic stay imposed by 11 U.S.C. § 362(a)(3), we reverse.