What is the role of the bankruptcy trustee in bankruptcy law?
California, United States of America
The following excerpt is from Moore v. Prestwood, G049565 (Cal. App. 2015):
"[A] [bankruptcy] trustee, as the representative of the bankruptcy estate, is the real party in interest, and is the only party with standing to prosecute causes of action belonging to the estate once the bankruptcy petition has been filed." (Kane v. Nat'l Union Fire Ins. Co., 535 F.3d 380, 385 (5th Cir. 2008) (Kane).)4 The bankruptcy trustee
Page 6
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
How have the trustees of a trust been found to have breached their fiduciary duties toward the trust by failing to disclose to the trustee that the trustees have a conflict of interest in the trust? (California, United States of America)
Does Chapter 7 of the Bankruptcy Code provide bankruptcy relief for a debtor? (California, United States of America)
What is the test for determining whether a trustee should receive compensation for trustee services and litigation expenses? (California, United States of America)
Is a bankruptcy trustee obligated to intervene in a pending action by or against the bankrupt? (California, United States of America)
What are the causes of action against the trustees of a trustee's trust? (California, United States of America)
What is the effect of a bankruptcy trustee's abandonment of a property in a personal injury case? (California, United States of America)
When will a bankruptcy judge order that a foreclosure was not conducted in violation of the automatic stay in bankruptcy? (California, United States of America)
What are the decisions of appeal judges on an order denying attorney fees and trustee fees to the prior trustee? (California, United States of America)
When a new trustee takes over the administration of a trust, can the previous trustee assert attorney-client privilege? (California, United States of America)
Can a Chapter 7 debtor pursue a cause of action in bankruptcy if it becomes part of the bankruptcy estate? (California, United States of America)
