Hoffman v. Adinolfi, O'Brien & Hayes, P.C. (In Re Sylvia)
United States Bankruptcy Court, D. Connecticut
1Opinion of the Court
MEMORANDUM OF DECISION ON DEFENDANTS’ MOTIONS FOR SUMMARY JUDGMENT
ROBERT L. KRECHEVSKY, Chief Judge.
I
The issue to be decided is whether an asset, scheduled by the debtors in their Chapter 7 joint petition, but not administered by the trustee prior to the closing of the case, is deemed irrevocably abandoned and not available to the trustee after the debtors’ ease is reopened. The appearing defendants (the “Movants”), transferees of the asset, have moved for summary judgment in three identical motions. They contend, and the plaintiff-trustee denies, that there are no genuine issues of material…
2Cases cited11 opinions
- Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
- Annette Heyman v. Commerce and Industry Insurance CompanyCourt of Appeals for the Second Circuit · 1975
- R.G. Group, Inc., and R.G. Restaurant Associates v. The Horn & Hardart Company, and Bojangles' of America, Inc.Court of Appeals for the Second Circuit · 1984
- Larry Whitford v. Captain BoglinoCourt of Appeals for the Seventh Circuit · 1995
- Empire Electronics Co., Inc. v. United StatesCourt of Appeals for the Second Circuit · 1962
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3Cited by4 opinions
- In Re HillUnited States Bankruptcy Court, D. New Mexico · 1996
- In Re SuplinskasUnited States Bankruptcy Court, D. Connecticut · 2000
- Miles v. Rutledge (In Re Rutledge)United States Bankruptcy Court, D. Kansas · 1999
- Suroviak Electric, Inc. v. Sylvia (In Re Sylvia)United States Bankruptcy Court, D. Connecticut · 1997