Legal Opinion

Schlarman v. Nageleisen (In re Nageleisen)

United States Bankruptcy Court, E.D. Kentucky

Decided March 6, 2015No. CASE NO. 14-20862; ADVERSARY CASE NO. 15-2002PublishedCited by 2 opinions

1Opinion of the Court

MEMORANDUM OPINION

Tracey N. Wise, Bankruptcy Judge

This adversary proceeding raises a novel question regarding the scope of property of the estate under 11 U.S.C. § 541: whether the Debtor’s right of redemption, arising at a postpetition foreclosure sale of estate property in which the estate has not abandoned its interest, is property of the estate. The Chapter 7 Trustee argues that the right of redemption is property of the estate. ROR Holdings, LLC, a Kentucky limited liability company, to which the Debtor assigned her right of redemption, argues that it is not. Finding that the right of…

2Cases cited17 opinions

  1. Matsushita Electric Industrial Co., Ltd. v. Zenith Radio CorporationSupreme Court of the United States · 1986
  2. Stern v. MarshallSupreme Court of the United States · 2011
  3. Raleigh v. Illinois Department of RevenueSupreme Court of the United States · 2000
  4. Provenzano v. LCI Holdings, Inc.Court of Appeals for the Sixth Circuit · 2011
  5. Dionte Tyler v. DH Capital Management, Inc.Court of Appeals for the Sixth Circuit · 2013

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3Cited by2 opinions

  1. Cadle Co. v. Gasbusters Production I Ltd. PartnershipCourt of Appeals of Kentucky · 2016
  2. Bailey v. BaileyUnited States Bankruptcy Court, E.D. Kentucky · 2022

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