After the debtor had received a discharge, Wells Fargo filed a motion for relief from stay as to certain property of the estate, alleging $14,000 of default on the loan secured by the property. At the time debtor filed his petition, the property was held by the debtor as the trustee of a trust established by his father. The debtor’s father died and, pursuant to the trust instrument, a 50% share of the trust was distributed to the debtor. The debtor opposed the motion for relief, but the trustee did not file a response. The Court ruled that the debtor lacked standing since the property was property of the chapter 7 estate and the trustee had not yet abandoned the property. The Court found cause to grant relief from stay.
File:
Judge:
Date:
Thursday, February 10, 2011
Category:
Automatic Stay
Chapter 7 Issues
Relief from Stay
Standing
Chapter:
7