Brown v. Koester Environmental Services, Inc.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• finding that, where the plaintiff’s bankruptcy estate remained open, “preventing [the plaintiff] from bringing his claims would undermine the interests of his creditors”
• noting that a debtor “typically will be estopped from pursuing claims for his own benefit if those claims were concealed from creditors during the bankruptcy proceedings”
• noting that a debtor “typically will be estopped from pursuing claims for his own benefit if those claims were concealed from creditors during the bankruptcy proceedings”
• finding that the Chapter 13 debtor had standing to litigate his discrimination claims in federal district court after informing the trustee of previously undisclosed claims when the trustee did not choose to abandon that property and when the bankruptcy proceedings were ongoing
• “The [Chapter 13] debtor thus can pursue legal claims for the benefit of the estate and its creditors.” (citations omitted)
• “Debtors have a continuing duty to schedule newly acquired assets while the bankruptcy case is open.”

Source: CourtListener parenthetical corpus (CC0).