- 11 U.S.C.
In re D Hertogh
Aug
28
2009
Ruling
Legal malpractice action against debtor's former bankruptcy attorney that accrued postpetition was not property of the estate and could be abandoned to debtors.
Procedural posture
The chapter 7 trustee gave notice of intent to abandon to the debtors any interest the bankruptcy estate may have in any bankruptcy related malpractice claim by the debtors against their former bankruptcy attorney. The former bankruptcy attorney filed an objection to the trustee's notification. The only issue was whether the malpractice action was the property of the estate of the debtors.
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Court
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