State Court or Bankruptcy Court for the fraudulent transfer claim

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Reply-To: Chris Gautschi
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> On Jul 31, 2015, at 7:02 PM, Kirk Brennan kirkinhermosa@gmail.com [cdcbaa] wrote:
>
> Take a look at Stern v Marshall and its progeny
>
>> On Fri, Jul 31, 2015 at 8:40 AM, stephen burton stephenburtonlaw@yahoo.com [cdcbaa] wrote:
>>
>> Have a case where my client just acquired from the chapter 7 trustee the right to pursue certain fraudulent transfer action against third parties for valuable assets. Had the trustee brought the action it would have been brought in bankruptcy court. Now that my client owns the right there is apparently an issue whether the fraudulent transfer action can even be brought in bankruptcy court any longer. The order is not clear. Is there a jurisdiction issue where my client can now only bring the action in State Court?
>>
>> Steve Burton
>
>
>
> --
> Kirk Brennan
>
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Have a case where my client just acquired from the chapter 7 trustee the right to pursuecertain fraudulent transfer action against third parties for valuable assets. Had the trustee brought the action it would have been brought in bankruptcy court. Now that my client owns the right there is apparently an issue whether the fraudulent transfer action can even be brought in bankruptcy courtany longer. The order is not clear. Is there a jurisdiction issue where my client can now only bring the action in State Court?
Steve Burton

The post was migrated from Yahoo.
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