Delrey Windows Inc. v. Mars Builders Inc. (In re Mars Builders Inc.)

Ruling: 
Mere failure of trustee to prosecute action on behalf of estate did not constitute abandonment.
Procedural posture: 
Plaintiff creditor asked the court to declare that it had standing, in connection with an adversary complaint against defendant partnership, to prosecute a fraudulent conveyance claim allegedly abandoned by the trustee per 11 U.S.C.S. § 554. Rulings as to discovery matters relating to underlying issues were also sought as were rulings on the effect of such ruling on the court's subject matter jurisdiction given Fed. R. Civ. P. 12(h)(3).
Issue: 
ABI Membership is required to access the full summary of Delrey Windows Inc. v. Mars Builders Inc. (In re Mars Builders Inc.). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Commercial case opionion summary, case decided on November 18,2008, LexisNexis #0109-017