Dole, In re--Dole v. Mortg. Elec., Sys.
Nov
28
2023
Ruling
Debtor was entitled to the declaratory relief which she sought for the alleged willful violationof the automatic stay after the debtor and her husband filed their Chapter 7 petition.(Bankr. W.D. Mich.)
Issue(s)
Abandonment of Property of the Estate; Scheduled Property Not Otherwise
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Court
:
Wood, In re
Mar
09
2023
Ruling
Chapter 13 bankruptcy case had to be dismissed as debtor had a prior-filed Chapter 7 bankruptcy case that had been reopened to administer a lawsuit claim with a possible settlement and remained pending in the bankruptcy court. (Bankr. E.D. Mich.)
Issue(s)
Abandonment of Property of the Estate; Scheduled Property Not Otherwise Administered.
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Court
:
Bear Communs., LLC, In re
Oct
19
2021
Ruling
Debtors did not meet the requirements for abandonment of interest in state lawsuit that theylisted only on the statement of financial affairs and not on a schedule. (9th Cir.)
Issue(s)
Abandonment of Property of the Estate; Scheduled Property Not Otherwise
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Court
:
- 11 U.S.C.
Moreno, In re, 2020 Bankr.
Jul
17
2020
Ruling
Community property vehicle transferred into debtor’s bankruptcy estate once debtor’s spouse’s separate case concluded. (Bankr. C.D. Cal.)
Issue(s)
Abandonment of Property of the Estate; Scheduled Property Not Otherwise Administered.
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Court
:
( Judge Johnson ) [ Bankruptcy Court ]
- 11 U.S.C.
Stevens, In re--Stevens v. Whitmore
Jul
02
2020
Ruling
Unscheduled claims against a creditor could not be technically abandoned. (B.A.P. 9th Cir.)
Issue(s)
Abandonment of Property of the Estate; Scheduled Property Not Otherwise Administered.
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Court
:
In re Robertson
Mar
24
2016
Ruling
Scheduled claim not otherwise administered by trustee deemed abandoned to debtor.
Issue(s)
Had debtor's scheduled claim against bank been abandoned to him?
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Court
:
Sturgeon v. Hart Cnty. Fin. LLC (In re Sturgeon)
Nov
20
2015
Ruling
Bankruptcy court lacked jurisdiction over debtor's adversary proceeding based on a claim abandoned by the trustee.
Issue(s)
Could debtor sustain an adversary proceeding against creditor based on a claim that had been abandoned by the trustee?
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Court
:
West v. Jeppesen (In re Krachun)
Aug
14
2015
Ruling
Trustee's potential avoidance proceeding was abandoned upon closing of case.
Issue(s)
Should trustee's avoidance proceeding be dismissed on grounds that the trustee abandoned the property at issue, the trustee's claims are time-barred, the assets at issue were never part of the bankruptcy estate, and the trustee is prevented from pursuing the assets based on principles of estoppel and laches?
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Court
:
Pankey v. Pankey (In re Pankey)
Apr
06
2015
Ruling
Chapter 7 debtor could not pursue unscheduled claim against debtor former spouse that had not been abandoned by the trustee.
Issue(s)
Did debtor's former spouse, also a chapter 7 debtor, have standing to bring a nondischargeability proceeding in the debtor's case?
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Court
:
Bernstein v. Wells Fargo Bank N.A. (In re Bernstein)
Jan
02
2015
Ruling
Dismissal of debtor's Truth in Lending Act proceeding was not prejudicial as the cause of action would be abandoned to the debtor at the close of the case.
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Court
: