In the Matter of Donald E. Sanders and Donna J. Sanders, Debtors. Appeal of Stephen R. Clark, Trustee

How courts have described this case

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

• noting the “basic tenet of bankruptcy law that a bankruptcy trustee succeeds only to the title and rights in property that the debtor had”
• “Filing a bankruptcy petition does not expand or change a debtor’s interest in an asset . . . . ‘To the extent an interest is limited in the hands of a debtor, it is equally limited as property of the estate.’”
• \[A] bankruptcy trustee succeeds only to the title and rights in property that the 10 debtor had at the time she filed the bankruptcy petition.\
• “Subdivision (d) of [§ 541] makes clear that the estate can only succeed to the same property interest that the debtor possesses, and cannot achieve a greater interest.”
• “Subdivision (d) of [§ 541] makes clear that the estate can only succeed to the same property interest that the debtor possesses, and cannot achieve a greater interest.”

Source: CourtListener parenthetical corpus (CC0).