You are here

Jenkins v. A.T. Massey Coal Co. et al. (In re Jenkins) (Case No. 02-01755; A.P. No. 07-07085) 09/02/2008

The Court held that debtor's claims for malicious prosecution and abuse of process in state court are not property of the bankruptcy estate under 11 U.S.C. § 541(a) because their factual basis occurred post-petition and thus the claims are not sufficiently rooted in pre-petition conduct, and that debtor's claims for tort of outrage, tortious interference with a business relationship, defamation, and negligent investigation and misrepresentation in state court are property of the estate under 11 U.S.C. § 541(a) because the facts supporting such claims all took place before the commencement of the bankruptcy case and thus the claims are sufficiently rooted in pre-petition conduct.  Further, the Court found that Segal v. Rochell, 382 U.S. 375 (1966) has not been superseded by the passage of the Bankruptcy Code, and that bankruptcy law rather than state law determines whether a debtor's interest is property of the estate.

Date: 
Tuesday, September 2, 2008
Category: 
Property of the Estate
Chapter: 
7