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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In re Dennett
Mar
07
2011
Ruling
Settlement of debtor's claim under land repurchase agreement approved.
Procedural posture
A Chapter 7 trustee filed a motion pursuant to Fed. R. Bankr. P. 9019 to compromise and settle a claim that concerned litigation pending in state court involving a repurchase agreement for land. The debtor opposed the trustee's motion to compromise and filed a motion for abandonment pursuant to 11 U.S.C.S. § 554(a). Two creditors also opposed the trustee's motion.
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Court
:
- 11 U.S.C.
In re Coronella Props. LLC
Mar
03
2011
Ruling
Motion for reconsideration of appointment of successor counsel denied as moot with regard to abandoned cause of action and objection to related proof of claim.
Procedural posture
Before the court was the motion request to the court by a pro se party of interest, partner, and 50 percent member of debtor (hereafter "partner"), to withdraw its order approving the trustee's application for authority to employ a certain attorney/law group as successor counsel in referenced matters and a motion for a hearing to review this request and substantiating documentation. The Chapter 7 Trustee filed a Response to the Motion.
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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 Van Wagner
Nov
22
2010
Ruling
Approval of settlement did not properly effect an abandonment of property.
Procedural posture
Debtor filed a document entitled "Motion to Sustain Determinations from the January 14, 2010 Hearing," in which he sought a declaration that a Chapter 7 trustee abandoned certain property to him when the Trustee settled unrelated third-party litigation.
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Court
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In re Najafian
Jun
01
2010
Ruling
Trustee allowed to abandon debtor's tort claim in exercise of sound business judgment.
Procedural posture
Debtor filed a petition under chapter 7 and a trustee was appointed to administer her bankruptcy estate. A successor trustee filed a motion seeking permission under 11 U.S.C.S. § 554(a) to abandon tort claims the debtor stated she had against a bank. The debtor opposed the motion.
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Court
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Yerushalmi v. Pergament (In re Yerushalmi)
Feb
12
2010
Ruling
Trustee who abandoned debtor's state court appeal lacked standing to pursue further proceedings after debtor won the appeal.
Procedural posture
Debtor moved for summary judgment seeking a declaration as to whether the chapter 7 trustee of the debtor's bankruptcy estate abandoned the appeal of pending state court litigation between the debtor and a third party.
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Court
:
- 11 U.S.C.
Miller v. Dow (In re Lexington Oil & Gas Ltd. Co.)
Jan
27
2010
Ruling
Payments by investors to debtor recharacterized as equity and repayments of investments avoided as fraudulent transfers.
Procedural posture
Chapter 7 trustee filed an adversary proceeding against defendant investors, seeking a judgment recharacterizing payments the investors made to a corporation as equity, and a judgment avoiding the repayment of those sums under 11 U.S.C.S. § 554 as a fraudulent transfer under the Oklahoma Uniform Fraudulent Transfer Act, Okla. Stat. Ann. tit. 24, §§ 112-123. The trustee settled his claims against one of three investors he sued.
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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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Arbogast v. Wells Fargo Auto Fin. Inc.
Oct
21
2009
Ruling
Claim by debtor against bank as assignee of motor vehicle dealership for breach of installment contract not disclosed in schedules remained property of the estate.
Procedural posture
Plaintiffs, buyers, asserted claims for assignee liability for certain breach of contract allegations and alleged, unspecified violations of the West Virginia Consumer Credit and Protection Act committed by a automobile dealership relating to the contract between the dealership and the buyers. The contract was assigned to defendant bank and the buyers' alleged assignee liability. The bank moved for summary judgment.
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Court
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