3:02-bk-31521•Alexis Mager Lakusta
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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 27 28 MEMORANDUM RE DEBTOR’S MOTION FOR ABANDONMENT -1- UNITED STATES BANKRUPTCY COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA In re ) Case No. 02-31521 TC ) ALEXIS MAGER LAKUSTA, ) Chapter 7 ) ) Date: May 12, 2006 ) Time: 9:30 a.m. ) Ctrm: Courtroom 23 ) Debtor. ) ) MEMORANDUM RE DEBTOR’S MOTION FOR ABANDONMENT Debtor filed a motion to compel trustee to abandon certain claims of the estate against Mark Evans and other parties (the Motion). The Motion does not identify these claims, except to note that they “includ[e] but [are] not limited to all of the claims alleged in Lakusta v. Evans, Adversary Proceeding No. 02-3125 in this court, and Lakusta v. Evans, et al., Adversary Proceeding No. 03-3549 in this court.” The first of the two adversary proceedings identified was dismissed, the second resulted in a judgment against Lakusta and the estate. Debtor, who had prosecuted the action on behalf of the estate, filed a motion for relief from judgment that was denied, but did not appeal either the judgment or the order denying relief from judgment. Debtor now seeks to file a new suit against Evans Signed and Filed: May 11, 2006 ________________________________________ THOMAS E. CARLSON U.S. Bankruptcy Judge ________________________________________ Entered on Docket May 12, 2006 GLORIA L. FRANKLIN, CLERK U.S BANKRUPTCY COURT NORTHERN DISTRICT OF CALIFORNIA Case: 02-31521 Doc# 242 Filed: 05/11/06 Entered: 05/12/06 11:20:52 Page 1 of 4
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 27 28 MEMORANDUM RE DEBTOR’S MOTION FOR ABANDONMENT -2- and other parties for claims arising out of the same transaction as that involved in the action tried to judgment, stating that he “believes there may be grounds to set aside the judgment.” The bankruptcy case is about to be closed. Unless this court orders otherwise, all property of the estate that was listed in the schedules and that has not been administered will be abandoned to Debtor upon closing of the case. 11 U.S.C. § 554(d). Assuming arguendo that the claims in question were listed in the schedules and are thus subject to such abandonment, I determine that this is an instance in which the court should “order otherwise” and that the claims in question should not be abandoned. Lakusta has had his day in court. He now seeks to attempt to relitigate (likely at great cost to the other parties involved and perhaps to the inconvenience of the trustee and his counsel) the issues resolved via a long-final judgment. I further determine that oral argument would not be helpful and would impose substantial unnecessary cost on the trustee and the numerous parties who have filed opposition to the Motion. The court will therefore enter a separate order providing that: (1) the Motion is denied; (2) pursuant to 11 U.S.C. § 554 no legal claims against any party shall be abandoned to Debtor upon closing of the case or otherwise; (3) trustee remains the real party in interest in any action filed by Debtor pursuant to the Order Granting Limited Relief From Stay entered on April 18, 2006; (4) such relief from stay is hereby vacated; (5) the trustee shall /// /// /// Case: 02-31521 Doc# 242 Filed: 05/11/06 Entered: 05/12/06 11:20:52 Page 2 of 4
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 27 28 MEMORANDUM RE DEBTOR’S MOTION FOR ABANDONMENT promptly take all necessary steps to dismiss any such actions Debtor filed; and (6) the scheduled May 12, 2006 hearing on the Motion is vacated. **END OF MEMORANDUM** Case: 02-31521 Doc# 242 Filed: 05/11/06 Entered: 05/12/06 11:20:52 Page 3 of 4
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 27 28 Court Service List Alexis Mager Lakusta 1259 El Camino Real, Suite 245 Menlo Park, CA 94025 David A. Schuricht, Esq. Law Offices of Katzen and Schuricht 1981 North Broadway, Suite 340 Walnut Creek, CA 94596 David V. Duperrault, Esq. Silicon Valley Law Group 25 Metro Drive, Suite 600 San Jose, CA 95110 David A. Boone, Esq. Law Offices of David A. Boone 1611 The Alameda San Jose, CA 95126 Catherine Schlomann Robertson, Esq. Pahl and Gosselin 225 West Santa Clara Street Suite 1500 San Jose, CA 95113-1700 Office of the U.S. Trustee 235 Pine Street Suite 700 San Francisco, CA 94104 Case: 02-31521 Doc# 242 Filed: 05/11/06 Entered: 05/12/06 11:20:52 Page 4 of 4
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