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Can Ch 7 Trustee keep a case open to try and obtain
I think if you're looking for a case where the Trustee held open for a long
time, you're looking for this one: In re Gebhart, 621 F. 3d 1206 - Court of
Appeals, 9th Circuit 2010
I feel like there is one other case, where the court said something like,
"In theory, it's possible for the Trustee to keep a case open indefinitely
but we can't speculate on theory." something like that. But I can't find
it. The above case comes pretty close though.
Sincerely,
Michael Avanesian
Law Offices of David A. Tilem
www.tilemlaw.com
818-507-6000
On Wed, Jul 2, 2014 at 8:47 PM, 'Leventhal Law Group, P.C.' law@3yl.com
[cdcbaa] wrote:
>
>
> There was a case from the US Supreme Court on that issue a few years ago.
> John H.... I am sure knows the cite.
>
> Motion to abandon. I can provide a sample. I have done a few of them.
>
>
> Jonathan Leventhal, Esq..
> Leventhal Law Group, P.C.
> 818-347-5800
>
> NO EX-PARTE NOTICE VIA VOICE MAIL OR EMAIL: I do not accept e-mail notice
> for ex parte Applications via voicemail or by email.
>
> This email and any attachments thereto may contain private, confidential,
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> by others is strictly prohibited. If you are not the intended recipient,
> please contact the sender immediately and permanently delete the original
> and any copies of this email and any attachments thereto.
>
> Leventhal Law Group, P.C. is a Debt Relief Agency under federal law.
>
> Note: The Leventhal Law Group, P.C. does not represent you until a
> written fee agreement has been signed by you and a representative of the
> Leventhal Law Group, P.C. and all fees listed in the agreement have been
> paid.
>
>
> -------- Original message --------
> Date:07/02/2014 8:30 PM (GMT-08:00)
> To: ""
> Subject: Re: [cdcbaa] Re: Can Ch 7 Trustee keep a case open to try and
> obtain appreciation in equity of home price
>
>
>
> Try in re Viet Vu for the premise that appreciation of the value of the
> asset belongs to the estate. File a motion to compel abandonment otherwise
>
> Sent from my iPad
>
> On Jul 2, 2014, at 8:25 PM, "hjcanning@gmail.com [cdcbaa]" cdcbaa@yahoogroups.com> wrote:
>
>
>
> Can someone cite a case that says the trustee can hold open the case in
> the hopes that assets will increase in value? I've been searching Google
> Scholar to no avail.
>
>
>
I think if you're looking for a case where the Trustee held open for a long time, you're looking for this one:In re Gebhart, 621 F. 3d 1206 - Court of Appeals, 9th Circuit 2010I feel like there is one other case, where the court said something like, "In theory, it's possible for the Trustee to keep a case open indefinitely but we can't speculate on theory." something like that. But I can't find it. The above case comes pretty close though.
Sincerely, Michael AvanesianLaw Offices of David A. Tilemwww.tilemlaw.com
818-507-6000
On Wed, Jul 2, 2014 at 8:47 PM, 'Leventhal Law Group, P.C.' law@3yl.com [cdcbaa] <cdcbaa@yahoogroups.com> wrote:
There was a case from the US Supreme Court on that issue a few years ago. John H.... I am sure knows the cite.Motion to abandon. I can provide a sample. I have done a few of them.
Jonathan Leventhal, Esq..Leventhal Law Group, P.C.818-347-5800NO EX-PARTE NOTICE VIA VOICE MAIL OR EMAIL: I do not accept e-mail notice for ex parte Applications via voicemail or by email.
This email and any attachments thereto may contain private, confidential, and privileged material for the sole use of the intended recipient. Any review, copying, or distribution of this email (or any attachments thereto) by others is strictly prohibited. If you are not the intended recipient, please contact the sender immediately and permanently delete the original and any copies of this email and any attachments thereto.
Leventhal Law Group, P.C. is a Debt Relief Agency under federal law.Note: The Leventhal Law Group, P.C. does not represent you until a written fee agreement has been signed by you and a representative of the Leventhal Law Group, P.C. and all fees listed in the agreement have been paid.
-------- Original message --------From: "Larry Simons larry@lsimonslaw.com [cdcbaa]" Date:07/02/2014 8:30 PM (GMT-08:00)
To: "" Subject: Re: [cdcbaa] Re: Can Ch 7 Trustee keep a case open to try and obtain appreciation in equity of home price
Try in re Viet Vu for the premise that appreciation of the value of the asset belongs to the estate. File a motion to compel abandonment otherwise
Sent from my iPad
On Jul 2, 2014, at 8:25 PM, "hjcanning@gmail.com [cdcbaa]" <cdcbaa@yahoogroups.com> wrote:
Can someone cite a case that says the trustee can hold open the case in the hopes that assets will increase in value? I've been searching Google Scholar to no avail.
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Frank - thank you for the response. Has anyone had an experience with a Ch 7 Trustee recently (based on current housing market) where the Ch 7 Trustee did keep the case open for this purpose? When is the earliest a motion to compel abandonment be filed?
Regards,
Tuan Le
Tuan Le, Esq.
Law Offices of Steve Lopez
8562 Florence Avenue, Suite A
Downey, California 90240
Main: (562)904-1193
Fax: (562)262-2846
DISCLAIMER: This e-mail may contain confidential information and may also be legally privileged. If you are not an intended recipient, as indicated above, please notify us immediately. In such event, you should not copy or use this e-mail for any purpose nor disclose its contents to anyone. Enclosed information and attachments remain the property of the LAW OFFICE OF STEVE LOPEZ. Opinions, conclusions, attachments, and neither information in this message that do not relate to the official business of the LAW OFFICE OF STEVE LOPEZ should be understood as my personal responsibility, and as neither given nor endorsed by the LAW OFFICE OF STEVE LOPEZ.
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