- 11 U.S.C.
In re Schwartz
Oct
17
2012
Ruling
Debtor's legal malpractice claim was sufficiently rooted in prepetition period to be treated as property of the estate.
Procedural posture
Debtor sought an order abandoning his claim relating to a 2010 retainer agreement and affidavit claimed to have been forged and asserting malpractice and fraud claims against, inter alia, a lawyer who had represented him in a chapter 7 case. The chapter 7 trustee, while not opposing the motion if in fact the claim was not property of the estate per 11 U.S.C.S. § 541, argued that the claim in fact was property of the estate.
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Court
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