People v. Purdie

How courts have described this case

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

• explaining that a lawsuit on the cause of action does not MEMORANDUM OF DECISION ̶ 14 need to be filed prior to the commencement of the case in order for the cause of action to be considered property of the bankruptcy estate
• “[P]roperty of the bankruptcy estate includes potential causes of action that accrued pre-petition, even if the debtor is unaware of the claim.”
• “[S]ome ‘property’ of the bankruptcy estate within the meaning of § 541(a)(1) must be used to acquire the ‘interest in property’ post-petition for § 541(a)(7) to bring that after-acquired ‘interest’ into the bankruptcy estate.”
• “Bankruptcy and appellate courts in and out of the Ninth Circuit agree that property of the bankruptcy estate includes accrued causes of action, even if the debtors were unaware of the claims at the time they filed their bankruptcy petition.” (emphasis omitted)
• “Even though Wells Fargo has not admitted, and may even dispute, any wrongdoing, and no damages have yet been proved, a cause of action had accrued at the time that the debtors began paying the higher rate of interest on their loan.”
• “Bank- ruptcy and appellate courts in and out of the Ninth Cir- cuit agree that property of the bankruptcy estate includes accrued causes of action, even if the debtors were unaware of the claims at the time they filed their bankruptcy peti- tion.” (emphasis added)

Source: CourtListener parenthetical corpus (CC0).