Originally published by Muze Development.
At the commencement of a bankruptcy case, the debtor’s legal interests become a part of the bankruptcy estate pursuant to section 541 of the Bankruptcy Code. 11 U.S.C. § 541. Causes of action that belong to the bankruptcy estate may only be pursued by the trustee so that any recovery may be split equitably among the debtor’s creditors. Where a third party’s conduct harms both a debtor and a creditor, determining whether the cause of action belongs to the bankruptcy estate or a creditor “is a recurring issue in bankruptcy law.”
The post The Fifth Circuit Further Clarifies When Claims Belong to a Creditor Instead of the Bankruptcy Estate appeared first on Okin Adams.
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