Miller v. Reaves (In re Miller)
Dec
08
2014
Ruling
Order for technical abandonment of income tax refund vacated and remanded due to insufficient findings by bankruptcy court.
Issue(s)
Should order for technical abandonment of debtor's income tax refund be vacated where the bankruptcy court summarily granted the trustee's motion without making specific findings of fact and conclusions of law on the record sufficient to allow review?
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Court
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Judge or Jurisdiction information not available
Spaine v. Community Contacts Inc.
Apr
17
2014
Ruling
Debtor had standing to pursue employment law suit abandoned by trustee and allegedly disclosed orally to the bankruptcy court.
Issue(s)
Should debtor be judicially estopped from pursuing her employment discrimination case because she had failed to list it in the schedules of her bankruptcy petition, but sought and obtained leave to reopen her bankruptcy case to amend her disclosures to include the employment discrimination claim and testified that she orally disclosed the employment discrimination claim to the bankruptcy court long before the employer filed its motion for summary judgment?
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Court
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Judge or Jurisdiction information not available
In re Jarrett
Apr
09
2014
Ruling
Debtor's remainder interest in real property not exempted from abandonment.
Issue(s)
Could debtor's remainder interest in real property be exempted from abandonment?
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Court
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In re Corn Advantage Coop.
Sep
14
2012
Ruling
Trustee ordered to abandon estate's interest in partnership through notice of abandonment rather than technical abandonment.
Procedural posture
Pending was a creditor's Motion for Alternate Disposition of Estate Assets and Objection to Trustee's Final Report. Specifically, a creditor objected to the Trustee's proposal to allow the estate's interest in a partnership to revert to debtor through technical abandonment after closing of the case. It requested that the Trustee allow it to purchase the interest. The Trustee and U.S. Trustee (UST) objected to the creditor's alternate disposition.
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Court
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In re Kloberdanz
Nov
21
2011
Ruling
Technical abandonment of property not disclosed in schedules revoked to allow trustee to proceed with sale.
Procedural posture
Before the court was the Trustee's Motion to Revoke Technical Abandonment Under 11 U.S.C.S. § 554(c) (the "Revocation Motion"), debtor's response thereto, and the Trustee's Application for Authority (A) to Employ and Compensate a company as Auctioneer and (B) to Sell Property of the Estate Free and Clear of Liens, Claims, and Interests Pursuant to 11 U.S.C.S. § 363(b)(1) by Public Auction (the "Application"), and debtor's response thereto.
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Court
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Donarumo v. Furlong (In re Furlong)
Nov
01
2011
Ruling
Judgment that trustee abandoned debtors' claims against seller of assets, but not stock of corporate debtor, affirmed.
Procedural posture
Appellants and cross-appellant debtors challenged a decision of the U.S. District Court for the District of Massachusetts, which affirmed bankruptcy court decisions, ruling that the trustee had abandoned all claims in the debtors' personal and corporate bankruptcy cases by operation of law under 11 U.S.C.S. § 554(c), but not the stock of the corporate debtor.
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Court
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Judge or Jurisdiction information not available
Roggio v. City of Gardner
Sep
16
2011
Ruling
Debtor lacked standing to pursue unscheduled but not abandoned cause of action.
Procedural posture
Plaintiffs, a bankruptcy debtor and her husband, sued defendants under 42 U.S.C.S. § 1983 and federal and state privacy laws. The court stayed the debtor's claims to allow the debtor to seek authority to treat the claims as abandoned by the bankruptcy estate. The debtor requested that the stay be lifted.
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Court
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Cruse v. Brokaw (In re Brokaw)
Apr
11
2011
Ruling
Undisclosed personal injury lawsuit was property of the estate and could not be pursued by debtor.
Procedural posture
Plaintiff bankruptcy trustee brought an adversary proceeding against defendant bankruptcy debtor seeking to enjoin the debtor from pursuing a personal injury lawsuit which the debtor failed to disclose in her schedule of assets.
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Court
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Claybrook v. AutoZone Texas LP (In re American Remanufacturers Inc.)
Dec
08
2010
Ruling
Trustee could reopen case to pursue receivables due debtor.
Procedural posture
Defendants filed a motion to dismiss plaintiff Chapter 7 trustee's complaint for damages, which alleged breach of contract, quantum meruit, and turnover of estate property, all based on vendor agreements between defendants and the debtors.
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Court
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In re American Cartage Inc.
Dec
10
2009
Ruling
Contract cause of action was property of chapter 7 estate in reopened case.
Procedural posture
Chapter 7 trustee caused the reopening of the debtor's bankruptcy case, and sought approval of a settlement with another waste hauler that helped fulfill the debtor's contractual obligations. Creditor city, the purchaser of the debtor's assets, opposed the settlement on the grounds that it held claims against the other waste hauler that previously belonged to the debtor. The trustee asserted such claims remained with the estate.
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Court
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