Kroitoro v. Chase Manhattan Bank, N.A.
Kroitoro v. Chase Manhattan Bank, N.A.
Opinion of the Court
Contrary to the appellant’s principal contention here, and consistent with representations made by him in the United States District Court,
Another of several issues raised is whether a person adjudicated bankrupt under a Panamanian law may nonetheless bring an action against his creditors in the courts of the United States on grounds that the Panamanian bankruptcy trustee has a conflict of interests where Panamanian law renders the bankrupt without legal capacity to “appear in Court either as a plaintiff or a codefendant except to file actions concerning his person or his words but not
The order dismissing, without prejudice, the bankrupt’s suit against the creditors is
AFFIRMED.
. In his Motion to Dismiss Involuntary Petition Under Chapter 7, which was filed in the United States Bankruptcy Court, Kroitoro stated:
In the instant case, a review of Panamanian law reveals that affording comity to the Panamanian Court would not violate American law or public policy.... While not identical in form to American law there is certainly nothing vicious, wicked, immoral or shocking to the prevailing American moral sense in the Panamanian law outlined.
Pursuant to Kroitoro's motion, the bankruptcy court dismissed the U.S. bankruptcy action on February 18, 1986, "in view of the fact that an involuntary bankruptcy proceeding is currently pending in the republic of Panama." Kroitoro then filed the present action in the Dade County Circuit Court on April 2, 1986.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.