Bruce K. Cable, as Debtor in Possession v. Ivy Tech State College

How courts have described this case

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

• holding that a Chapter 13 debtor-in- possession can exercise the powers of a trustee and sue in his own name for the estate
• finding employment discrimination claims, which were based on injuries that occurred prior to the commencement of Chapter 13 bankruptcy proceedings, belonged to the estate
• “Under the reorganization chapters [including Chapter 13], the debtor-in-possession steps into the role of trustee and exercises concurrent authority to sue and be sued on behalf of the estate.”
• “It would frustrate the essential purpose of the [11 U.S.C.] § 1306 to grant the debtor possession of the chose in action yet prohibit him from pursuing it for the benefit the estate [sic]”
• “Chapter 7 establishes a . . . radical solution to indebtedness, requiring the liquidation of the debtor’s property, to which end Congress granted the trustee broad powers without interference from the debtor. The trustee has sole authority to dispose of property . . . .”

Source: CourtListener parenthetical corpus (CC0).