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.