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Weitz v. Lewin

Appellate Division of the Supreme Court of New York, Second Department
Jun 4, 1998
251 A.D.2d 402 (N.Y. App. Div. 1998)

Summary

finding that "plaintiffs lacked standing to sue because they failed to properly list on their bankruptcy petition the present claims regarding assets about which they knew or should have known when their bankruptcy petition was filed."

Summary of this case from In re Hyde

Opinion

June 4, 1998

Appeal from the Supreme Court, Nassau County (Winslow, J.).


Ordered that the order is affirmed insofar as appealed from, with costs.

The Bankruptcy Code broadly defines the property of a debtor to include causes of action existing at the time of the commencement of the bankruptcy action ( see, 11 U.S.C. § 541 [a] [1]). The debtor must schedule the causes of action as assets on the bankruptcy petition in order for the trustee to formally abandon the claims ( see, Dynamics Corp. v. Marine Midland Bank, 69 N.Y.2d 191). The Supreme Court properly granted the defendants' motion to dismiss the complaint on the ground that the plaintiffs lacked standing to sue because they failed to properly list on their bankruptcy petition the present claims regarding assets about which they knew or should have known when their bankruptcy petition was filed ( see, Bromley v. Fleet Bank, 240 A.D.2d 611; Hart Sys. v. Arvee Sys., 244 A.D.2d 527; Cafferty v. Thompson, 223 A.D.2d 99).

O'Brien, J.P., Pizzuto, Joy and Florio, J.J., concur.


Summaries of

Weitz v. Lewin

Appellate Division of the Supreme Court of New York, Second Department
Jun 4, 1998
251 A.D.2d 402 (N.Y. App. Div. 1998)

finding that "plaintiffs lacked standing to sue because they failed to properly list on their bankruptcy petition the present claims regarding assets about which they knew or should have known when their bankruptcy petition was filed."

Summary of this case from In re Hyde
Case details for

Weitz v. Lewin

Case Details

Full title:LOUIS Z. WEITZ et al., Appellants, v. JOHN LEWIN et al., Respondents

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Jun 4, 1998

Citations

251 A.D.2d 402 (N.Y. App. Div. 1998)
675 N.Y.S.2d 544

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