Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes

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

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.

Use AI to get other relevant cases.

Comments

WEITZ v. LEWIN
(Jun 4, 1998)