Christopher D Cook

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UNITED STATES BANKRUPTCY COURT
FOR THE NORTHERN DISTRICT OF CALIFORNIA
In re 	)
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CHRISTOPHER D. COOK, 	)
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Debtor. 	)
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Case No. 11-30705 TEC
Chapter 7
MEMORANDUM RE SALE OF ASSETS OF ESTATE
The court held a hearing on November 14, 2011 regarding the
chapter 7 trustee’s motion for authority to sell certain assets of
the estate. 	Debtor and creditors Richard Lee and Bradley Kass
filed opposition to the motion, primarily on the basis that they
had relied upon the no-asset report filed by the trustee in April
2011.
The objection is overruled and the sale approved. 	There was
no abandonment of the assets of the estate, because the filing of a
no-asset report does not constitute an abandonment, no one filed a
motion to compel abandonment on notice to all creditors, and the
case was never closed. 	11 U.S.C. § 554; In re Reed, 940 F.2d 1317,
1321 (9th Cir. 1991). 	I conclude that the trustee should not be
MEMORANDUM RE SALE OF
ASSETS OF ESTATE 	-1-
Signed and Filed: November 21, 2011
________________________________________
THOMAS E. CARLSON
U.S. Bankruptcy Judge
________________________________________
Entered on Docket
November 22, 2011
GLORIA L. FRANKLIN, CLERK
U.S BANKRUPTCY COURT
NORTHERN DISTRICT OF CALIFORNIA
Case: 11-30705 Doc# 121 Filed: 11/21/11 Entered: 11/22/11 13:36:01 Page 1 of
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estopped from withdrawing a no-asset report, because the Code
provides a simple remedy for any affected party who seeks an order
from the court determining that an asset be abandoned – a motion to
compel abandonment.
The objection that the purchaser merely intends to cause
mischief is overruled. 	The consideration to be paid is not de
minimus, no overbids were received, and unlike In re Smith,
349 B.R. 28 (Bankr. D. Idaho 2005) this is not a solvent case in
which Debtor proposed an alternative means of using the assets in
question to pay creditors.
**END OF MEMORANDUM**
MEMORANDUM RE SALE OF
ASSETS OF ESTATE 	-2-
Case: 11-30705 Doc# 121 Filed: 11/21/11 Entered: 11/22/11 13:36:01 Page 2 of
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Court Service List
Christopher D. Cook
Natalie Cook
423 Broadway #622
Millbrae, CA 94030
Richard Lee
dba Home Pride
704 Corona Dr.
Pacifica, CA 94044
Rick D. Lee
dba Home Pride
704 Corona Dr.
Pacifica, CA 94044
Case: 11-30705 Doc# 121 Filed: 11/21/11 Entered: 11/22/11 13:36:01 Page 3 of
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