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In re Stevens, ___F.4th___(9th Cir. 2021)

By Los Angeles Bankruptcy Attorney on October 20, 2021

In re Stevens, ___F.4th___(9th Cir. 2021) issued on 10/19/21, is important, because it holds that where a bankruptcy debtor lists a lawsuit (in which debtor is the plaintiff) in debtor’s Statement of Financial Affiars, but does NOT list the lawsuit in the debtor’s Asset Schedule (Schedule A/B), that the lawsuit is NOT abandoned back to the debtor, when the Bankruptcy Court closes debtor’s bankruptcy case. Note that assets that are accurately listed, in the bankruptcy debtor’s schedule A/B (asset schedule) are abandoned back to the debtor, per 11 USC 521(a), when the Bankruptcy Court closes the debtor’s bankruptcy case, if the asset has not been “administered” (example: sold by bankruptcy trustee in Ch 7, sold to pay creditors by debtor’s ch11 or 13 plan) during the bankruptcy case.

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