James David George Burt

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UNITED STATES BANKRUPTCY COURT
NORTHERN DISTRICT OF CALIFORNIA
In re
JAMES DAVID GEORGE BURT, No. 05-11568
Debtor(s).
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Memorandum
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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