Does a trustee stand in the shoes of a debtor?

MultiRegion, United States of America

The following excerpt is from Tulis v. M.e.-R.e. Holding, LLC (In re Barnett), Adv. No. 14-09036 (CGM), Case No. 12-37991 (CGM) (Bankr. S.D.N.Y. 2015):

Accordingly, "[a]s assignee, the trustee stands in the shoes of the [creditors], thereby assuming all rights and interests that the [creditors] have in the causes of action and becoming subject to all defenses that could have been asserted against the [creditors], not [the debtor]." Logan v. JKV Real Estate Servs. (In re Bogdan), 414 F.3d 507, 514 (4th Cir. 2005) (citations

Page 16

Other Questions


Is there any case law where a bankruptcy court erred when it rejected an appeal from a debtor who argued that the debtor should be declared bankrupt because the debtor was unable to access the debtor's assets? (federal, United States of America)
When a non-debtor spouse of a debtor is in a bankruptcy proceeding, does the debtor have any interest in property that would have been part of the debtor's estate? (federal, United States of America)
Does a debtor have to prove that he or she intended to injure the debtor by causing the debtor's injury? (MultiRegion, United States of America)
Does a debtor have standing to pursue a claim against the debtor's property in bankruptcy? (MultiRegion, United States of America)
Does Section 192 of the Civil Code of Civil Procedure require a debtor to have written to the government with notice of the debt owed to the debtor before the debtor can claim the debt? (MultiRegion, United States of America)
Is a bankruptcy trustee permitted to avoid making preferential payments to a debtor's creditors prior to the debtor filing for bankruptcy? (MultiRegion, United States of America)
What is the test for an application to transfer a debtor's assets from the debtor to the debtor's creditors? (MultiRegion, United States of America)
Is a pro se prisoner who cannot afford an attorney standing alone in court standing alone, standing alone? (MultiRegion, United States of America)
How have courts interpreted the doctrine of standing in cases where standing was not granted? (MultiRegion, United States of America)
Is a debtor who transfers property to a non-arms’ length third party who has transferred property subject to the debtor’s subsequent bankruptcy? (Canada (Federal), Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.