In Re Bowker
United States Bankruptcy Court, D. New Jersey
1Opinion of the Court
OPINION
RAYMOND T. LYONS, Bankruptcy Judge.
The standing chapter 13 trustee, Robert M. Wood (the “Trustee”), sought court authorization to retain Andres & Berger, P.C. as special counsel to the Trustee to pursue a personal injury action. The court sua sponte questioned whether the Trustee had standing to pursue a personal injury action on behalf of the chapter 13 estate. Section 1306(b) 1 of the Bankruptcy Code provides that the debtor shall remain in possession of property of the estate and § 1303 provides that the debtor has the right to use property of the estate to the exclusion of the…
2Cases cited18 opinions
- United States v. Whiting Pools, Inc.Supreme Court of the United States · 1983
- Toibb v. RadloffSupreme Court of the United States · 1991
- Bruce K. Cable, as Debtor in Possession v. Ivy Tech State CollegeCourt of Appeals for the Seventh Circuit · 1999
- Einoder v. Mount Greenwood Bank (In Re Einoder)United States Bankruptcy Court, N.D. Illinois · 1985
- Olick v. Parker & Parsley Petroleum Co.Court of Appeals for the Second Circuit · 1998
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3Cited by23 opinions
- Smith v. RockettCourt of Appeals for the Tenth Circuit · 2008
- Dawson v. Thomas (In Re Dawson)District Court, District of Columbia · 2008
- Suter v. GoedertDistrict Court, D. Nevada · 2008
- Ex Parte MooreSupreme Court of Alabama · 2000
- In re CahillUnited States Bankruptcy Court, S.D. New York · 2012
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