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· 8/11/2004

Vucak v. City of Portland

Citations

  • 96 P.3d 362
  • 194 Or. App. 564
  • 2004 Ore. App. LEXIS 1000

How courts have described this case

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

  • concluding that the bankruptcy estate and not the plaintiff “was the real party in interest”
  • holding that a personal injury claim was not properly scheduled when it was listed in the wrong location and the debtor \expressly marked 'NONE' where the form asked her to disclose any 'contingent and unliquidated claims.' \
  • explaining that the plaintiff was not the “real party in interest” and lacked standing where the bankruptcy estate owned the claim
  • “Because plaintiff’s personal injury claim never was properly scheduled, it was not abandoned to her by the bankruptcy trustee.”
  • “Debtors in bankruptcy have an affirmative duty carefully, completely and accurately to schedule assets and liabilities.” (Internal quotation marks omitted.)
  • “Debtors who fail, either through neglect or indifference, to recognize the requirements of section 521(1), ‘as a significant and integral part of filing a bankruptcy petition under Chapter 7, do so at their own peril.’ ”

Source: CourtListener parenthetical corpus (CC0).

Judges: Edmonds, Armstrong, Schuman

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

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.