Case Name:
Zions First Nat'l Bank v. Christiansen Bros., Inc. (In re Davidson Lumber Sales, Inc.)
Judge:
Judge Clark
Date:
Jan-9-1991
Case Number(s):
90PC-0044
Status:
UNPUBLISHED
Body:
Chapter 7 trustee abandoned the bankruptcy estate's cause of action against third parties after concluding that any recovered funds would belong to bank. After bank replaced trustee as plaintiff in the adversary proceeding, the court raised the issue of its subject matter jurisdiction. Relying on Gardner v. United States (In re Gardner), 913 F.2d 1515 (10th Cir. 1990), the court concluded that it lacked jurisdiction because the adversary proceeding only involved non-debtor parties and non-estate property, and its outcome would not affect administration of the estate. The adversary proceeding was dismissed.
Internal Ref:
Opinion 318
File: