Lexus Financial Services, Inc v. Trombly Tindall, PC

COOPER, EJ.

(dissenting). I respectfully dissent from the majority opinion in this case.

A careful review of the record indicates that Tindall & Co. purports to be the successor in interest to the lease. This is an impossibility. Defendant Trombly Tindall filed for bankruptcy. Fursuant to federal law, all property in which defendant Trombly Tindall had a *421legal or equitable interest, including the current lease, became property of the bankruptcy estate.1 The only party with a right to assign the lease after the commencement of the bankruptcy case was the trustee of the bankruptcy estate.2 To…