1:05-bk-11568•James David George Burt
Full text
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 UNITED STATES BANKRUPTCY COURT NORTHERN DISTRICT OF CALIFORNIA In re JAMES DAVID GEORGE BURT, No. 05-11568 Debtor(s). ______________________________________/ Memorandum _______ When a bankruptcy petition is filed, fraudulent conveyance actions become property of the bankruptcy estate. Continued prosecution by a creditor creates two problems: the creditor violates § 362(a)(3) of the Bankruptcy Code by exercising control over property of the estate, and the creditor lacks standing to pursue the action. The proposed stipulation between the Trustee and creditor Richard Dinihanian solves the first problem but not the second. Accordingly, the court declines to approve it. Dated: July 11, 2006 SAlan Jaroslovsky U.S. Bankruptcy Judge Entered on Docket July 11, 2006 GLORIA L. FRANKLIN, CLERK U.S BANKRUPTCY COURT NORTHERN DISTRICT OF CALIFORNIA Case: 05-11568 Doc# 63 Filed: 07/11/06 Entered: 07/11/06 12:57:08 Page 1 of 1
Wondering how this text applies to your situation?
Free consultation, no commitment
Describe your situation. Our team will contact you by email about your consultation.
Continue your research in ChatGPT or Claude
Connect Omnilex to search the legal corpus from your AI assistant.