Can a Chapter 7 debtor not prosecute a cause of action belonging to the bankruptcy estate unless the trustee has abandoned the claim?

California, United States of America


The following excerpt is from Maines v. Aurora Commercial Corp., C080838 (Cal. App. 2018):

A Chapter 7 debtor may not prosecute a cause of action belonging to the bankruptcy estate unless the trustee has abandoned the claim. (Bostanian v. Liberty Savings Bank (1997) 52 Cal.App.4th 1075, 1080-1081; 11 U.S.C. 554.) Property which the debtor disclosed in his schedules but the trustee did not administer is automatically abandoned and becomes the debtor's property when the bankruptcy case is closed unless the court orders otherwise. (11 U.S.C. 554(c).) However, a claim which the debtor did not schedule and the trustee did not administer is not automatically abandoned when the

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