Can a debtor pursue a cause of action against the estate of the debtor who has been declared bankrupt?

California, United States of America


The following excerpt is from Jones v. Wells Fargo Bank, N.A., H043954, H045165 (Cal. App. 2019):

"Causes of action are separate assets which must be formally listed." (Cusano v. Klein (9th Cir. 2001) 264 F.3d 936, 947 (Cusano).) "[A] chapter 7 debtor may not prosecute on his or her own a cause of action belonging to the bankruptcy estate unless the claim has been abandoned by the trustee." (Bostanian, supra, 52 Cal.App.4th at p. 1081.) "Property of a bankruptcy estate can be abandoned by three methods: (1) after notice and hearing, the trustee may unilaterally abandon property that is 'burdensome . . . or . . . of inconsequential value' (11 U.S.C. 554(a)); (2) after notice and hearing, the court may order the trustee to abandon such property (11 U.S.C. 554(b)); [and] (3) any

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