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· 8/9/1991

Federal Case

Citations

  • 940 F.2d 1317
  • 91 Daily Journal DAR 9756
  • 1991 U.S. App. LEXIS 17893
  • 21 Bankr. Ct. Dec. (CRR) 1652

How courts have described this case

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

  • interpreting 11 U.S.C. § 541(a)(6) “to mean that appreciation enures to the bankruptcy estate, not the debtor”
  • although filing of no-asset 3 report may exhibit the requisite intent to abandon an asset, that 4 report in and of itself does not result in abandonment
  • although filing of no-asset 25 report may exhibit the requisite intent to abandon an asset, that 26 report in and of itself does not result in abandonment
  • “Although filing a ‘No Asset’ report may exhibit the requisite intent to abandon an asset, that report in and of itself cannot result in abandonment unless the court closes the case.”
  • “No doubt Debtor’s argument that appreciation enured to him would have merit if his entire interest in the residence had been set aside or abandoned to him; it was not.”(emphasis added)

Source: CourtListener parenthetical corpus (CC0).

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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.