You are here

Opinion 297a

Case Name: 

In re Fossey

Judge: 
U.S. District Court, Utah
Date: 
Feb-27-1990
Case Number(s): 
87B-6187
Status: 

APPEAL
119 B.R. 268 (D.Utah)

Body: 

District court reversed a bankruptcy court decision that denied an unsecured creditor's motion to reopen a chapter 7 case to administer unadministered assets. The district court first ruled that debtor's assertion that creditor was barred from making its current claim by its failure to directly appeal the abandonment was without merit, since creditor had not been properly notified of the abandonment, as required by 11 U.S.C. § 554(a) and Bankruptcy Rule 6007. In addition, the fraudulent conveyance claim could not be deemed abandoned under § 554(c), as it had not been "scheduled" by debtor. The district court then concluded that the bankruptcy court had abused its discretion by denying the motion to reopen because trustee's failure to comply with the requirements for abandonment of the claim at issue left an asset unadministered.

Internal Ref: 
Opinion 297a
File: