450 B.R. 630
Bankr. W.D. Tex.2011Background
- Debtors filed Chapter 7 on May 18, 2010.
- Trustee filed an adversary against Wells Fargo on Nov 16, 2010 for FDCPA/TDCA breaches.
- Reaffirmation agreement executed post-petition but not finalized; court denied it Aug 30, 2010; discharge Aug 31, 2010; case closed Sep 1, 2010.
- Debtor-post-petition postures involve alleged post-petition conduct by Wells Fargo related to reaffirmation letters.
- Court sua sponte addressed standing; held post-petition claims are not property of the estate in Chapter 7; dismissed for lack of standing.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Standing to sue post-petition claims | Trustee argues post-petition claims are estate property under 541(a)(7) | Wells Fargo argues claims arose post-petition and are not estate property | Trustee lacks standing; claims belong to debtors; dismissal granted |
Key Cases Cited
- In re Burgess, 438 F.3d 493 (5th Cir.2006) ( Bankruptcy Code superseded Segal test; estate scope clarified)
- Witko v. Menotte (In re Witko), 374 F.3d 1040 (11th Cir.2004) (post-petition claims not property of the estate in Chapter 7)
- Correll v. Equifax Check Services, Inc., 234 B.R. 8 (D. Conn.1997) (post-petition collection actions not always estate property)