Pelley Law Office LLP
Dallas Office
Plano Office
Sherman Office
214-733-1775
972-608-0335
903-813-4778

No Charge For Initial Consultation ($250 value)

Menu Contact

Over 80 Years Of Combined Experience

View Our Practice Areas

Property of the estate

In Bradley v. Gressett, the Chapter 7 Trustee sued Gressett under Texas law for conspiring with the debtor to fraudulently transfer property out of the estate of the debtor.  The district court granted a motion for summary judgment in favor of Gressett and held that the Trustee lacked standing to bring such a claim.  The Court reiterated that a trustee does not have standing to bring a tort claim that belongs exclusively to creditors of an estate.  The Court agreed with the Eight Circuit that the strong-arm clause did not overrule a previous case.

The Court clarified that a trustee is not authorized to collect assets unless these are owed to the estate.  

The Trustee argued that the claim it sought would remedy all creditors.  The Court focused on the distinction between claims that are "personal" to some creditors and those "general" to all arises after it is determined whether such claims are "properly assertable by the debtor or creditor, and not as a substitute for the analysis itself."

No Comments

Leave a comment
Comment Information

Awards & Recognition

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

Office Locations

Plano office
Sherman office
Dallas office

Plano Office
1312 14th Street, Suite 100
Plano, Texas 75074

Phone: 972-608-0335
Map & Directions

Sherman Office
905 North Travis Street
Sherman, Texas 75090

Phone: 903-813-4778
Map & Directions

Dallas Office
6060 North Central Expressway, Suite 602
Dallas, Texas 75206

Phone: 214-733-1775
Map & Directions