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Posted On: April 15, 2010 by Scott Sagaria

Unscheduled Property Belongs to the Bankruptcy Estate

A San Francisco Bankruptcy Attorney discusses unscheduled property

Can you reopen a bankruptcy case 70 years after it was closed for purpose of administration? Yes you can. In re Dunning Brothers Co 2009 WL 2842734. It is well settled that unscheduled property of the debtor is still property of the estate. This estate was closed in 1936. Debtor failed to schedule 3 parcels of real property that railroad had easements and now which to acquire. Issues the Court was concerned with: does Bankruptcy Act still apply (yes it does), whether a post Northern Pipeline bankruptcy court exercise jurisdiction to reopen (it may), and whether the changes over the years “for cause” standard for reopening make any difference (they do not). Case reopened and administered.

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