Legal Opinion
In Re Paolella
United States Bankruptcy Court, E.D. Pennsylvania
Decided November 13, 1987No. 19-11572PublishedCited by 22 opinions
1Opinion of the Court
MEMORANDUM OPINION
BRUCE I. FOX, Bankruptcy Judge:
Before me are identical motions in two chapter 7 bankruptcy cases by which the debtors seek to have me order the trustee to abandon property of the estate pursuant to 11 U.S.C. § 554(b). I find that they have met their burden as movants under section 554(b) to establish a prima facie case that the property “is burdensome ... or ... of inconsequential value and benefit to the estate”, by establishing that the estate has no equity in the property. However, because the trustee may not have had an opportunity to fully investigate the estate’s…
2Cases cited21 opinions
- Midlantic National Bank v. New Jersey Department of Environmental ProtectionSupreme Court of the United States · 1986
- Brown v. O'KEEFESupreme Court of the United States · 1937
- Kothe v. R. C. Taylor TrustSupreme Court of the United States · 1930
- 16 Collier bankr.cas.2d 702, Bankr. L. Rep. P 71,754 in Re K.C. MacHine & Tool Company, Debtor, June E. Morgan, Trustee the Detroit Edison Company Dery & Dery, P.C. Hill, Lewis, Adams, Goodrich & Tait v. K.C. MacHine & Tool Company, City of DetroitCourt of Appeals for the Sixth Circuit · 1987
- Stanolind Oil & Gas Co. v. LoganCourt of Appeals for the Fifth Circuit · 1937
16 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- In Re PaolellaUnited States Bankruptcy Court, E.D. Pennsylvania · 1988
- American Cigar Co. v. MNC Commercial Corp. (In Re M. Paolella & Sons, Inc.)United States Bankruptcy Court, E.D. Pennsylvania · 1988
- Smoker v. Hill & Associates, Inc.District Court, N.D. Indiana · 1997
- In Re BoldenUnited States Bankruptcy Court, C.D. California · 2005
- Grochocinski v. Laredo (In Re Laredo)United States Bankruptcy Court, N.D. Illinois · 2005
17 more not listed; retrieve them via the Exa API.