Hobson v. Holloway

WAYMOND M. BROWN, Judge.

| j Based upon a finding that Sandra Hob-son was not the real party in interest, the Prairie County Circuit Court granted Donald Holloway’s motion for summary judgment, resulting in the dismissal of Hob-son’s negligence claim against him. The circuit court so ruled because Hobson filed her complaint while her Chapter 7 bankruptcy estate was still open. We hold (1) that the bankruptcy trustee had not abandoned Hobson’s claim at the time she filed her complaint, (2) that the entire claim was still part of the estate at the time the bankruptcy estate was filed, and (3)…