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§ 323(b)

We'll Clean Inc., In re

Ruling
Trustee was entitled to prevail only in part in his claim that certain causes of action pending ina state court lawsuit were property of the bankruptcy estate and thus could be pursued by thetrustee. (Bankr. N.D. Ill.)
Issue(s)
Role and Capacity of Trustee; Capacity to Sue and Be Sued.

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Commercial opinion summary, case decided on May 21, 2024 , LexisNexis #0724-077

Landry, In re--Landry v. H&R Block Mortg. LLC

Ruling
Claim for damages arising from defendants' pre-petition conduct was property of debtor'sbankruptcy estate. (Bankr. N.D. Ga.)
Issue(s)
Role and Capacity of Trustee; Capacity to Sue and Be Sued.

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Consumer opinion summary, case decided on November 15, 2019 , LexisNexis #1219-077

Sheppard v. United States Bank Nat'l Ass'n

Ruling
Debtor lacked standing to pursue claims against defendants as debtor's claims existed before the petition date and thus, claims were property of the estate and trustee had the exclusive standing to prosecute them. (Bankr. E.D. Pa.)
Issue(s)
Role and Capacity of Trustee; Capacity to Sue and Be Sued.

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Consumer opinion summary, case decided on April 04, 2017 , LexisNexis #0517-031

Minne v. Hinkhouse

Ruling
Trustee, not the debtor, was the party with standing to pursue causes of action that were property of the estate.
Procedural posture

Plaintiffs, debtors, each filed petitions for chapter 7 bankruptcy. The debtors sued defendants, individuals, and alleged claims for relief for loss of economic advantage and destruction of business interests. The individuals moved to dismiss those claims on the ground that because those claims accrued prior to the debtors'filing for bankruptcy, the bankruptcy trustee had exclusive standing to assert those claims.

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opinion summary, case decided on February 24, 2006 , LexisNexis #0306-115

Darrah v. Franklin Credit (In re Darrah)

Ruling
Debtor could not bring an adversarial proceeding against the mortgage holder since the claim itself was estate property and, thus, a claim that only the trustee could bring.
Procedural posture

Plaintiff bankruptcy debtor brought an adversary proceeding against defendant, the holder of the mortgage on the debtor's residence, alleging that the holder violated the Real Estate Settlement Procedures Act. The debtor did not list the claim against the holder in his bankruptcy schedules, and the holder moved for summary judgment based on the debtor's lack of standing.

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opinion summary, case decided on December 23, 2005 , LexisNexis #0206-027