Opinion · Supreme Court of the United States
Village of New Lenox v. Union National Bank & Trust Co.
485 U.S. 906
- Type
- Opinion
- Court
- Supreme Court of the United States
- Jurisdiction
- Federal
- Date
- 1988-02-29
- Topic
- general
How later courts describe this case
- recognizing that claims against officers, directors, and shareholders are claims of the bankruptcy estate
- holding that failure of Congress to adopt bill overruling Caplin "does not affect a trustee's right to bring a general action on behalf of all creditors rather than a personal one on behalf of only some"
- noting that the test has been adopted by many courts as the standard formulation
- noting that courts have “regularly applied” Section 541 to include property fraudulently or improperly transferred by the debtor prior to bankruptcy
- "Once the bankruptcy petition has been filed, property rights belonging to the debtor under state law become assets of the estate."
- the trustee in bankruptcy acts as representative of all the unsecured creditors
- applying both Illinois and Indiana law
- applying standing requirement to bankruptcy appeal
Citator
UpLaw has not yet analyzed Village of New Lenox v. Union National Bank & Trust Co.. The absence of a flag is not a finding that it is good law.
- Cited by
- 123 opinions
App. Ct. Ill., 3d Dist. Certiorari denied.