Legal Opinion
In Re Dunning Bros. Co.
United States Bankruptcy Court, E.D. California
Decided September 4, 2009No. 19-20521PublishedCited by 15 opinions
1Opinion of the Court
OPINION
KLEIN, Bankruptcy Judge:
This 1936 case illustrates the potency of the doctrine that unscheduled property remains “property of the estate” after a bankruptcy case is closed — even seven decades later. That was settled law when this case commenced under the Bankruptcy Act of 1898 and remains the law today under Bankruptcy Code § 554(d). The case is so old that it cannot even be described as having been filed under former Bankruptcy Act chapter VII; there were no chapters before the Chandler Act was enacted in 1938.
The occasion for reopening after 73 years is the need to clear the cloud…
2Cases cited28 opinions
- Northern Pipeline Construction Co. v. Marathon Pipe Line Co.Supreme Court of the United States · 1982
- Kalb v. FeuersteinSupreme Court of the United States · 1940
- Albany Partners, Ltd. v. Westbrook (In Re Albany Partners, Ltd.)Court of Appeals for the Eleventh Circuit · 1984
- In Re: Russell Schwartz Linda Schwartz, Debtors. Russell Schwartz Linda Schwartz v. United StatesCourt of Appeals for the Ninth Circuit · 1992
- Soares v. Brockton Credit UnionCourt of Appeals for the First Circuit · 1997
23 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Von Bremen v. Lamie (In re Yellow Poplar Lumber Co.)District Court, W.D. Virginia · 2019
- Sundquist v. Bank of America, N.A. (In re Sundquist)United States Bankruptcy Court, E.D. California · 2017
- Queen v. Educational Credit Management Corp. (In Re Watkins)District Court, W.D. Missouri · 2011
- Blackstone Investment Partners v. Santo ArcuriBankruptcy Appellate Panel of the First Circuit · 2021
- Campos-Acosta v. Red Robin International IncDistrict Court, W.D. Washington · 2019
10 more not listed; retrieve them via the Exa API.