In re Johnson
Jan
23
2007
Ruling
Post-discharge proceeds of disclosed class action lawsuit technically abandoned by trustee were not subject to turnover.
Procedural posture
Plaintiff chapter 7 trustee moved for an order requiring a sum of money received by defendant debtors on account of their participation in a class action lawsuit, which sum was paid to them subsequent to the closing of their chapter 7 case. Debtors objected to turnover, arguing that the asset had been abandoned as per 11 U.S.C. § 554(c) and that the trustee had no right thereto.
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Court
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