From the Editor

From the Editor – Avoidance Actions

By The Honorable William Houston Brown (Retired)

Chapter 7 trustee’s abandonment did not deprive court of jurisdiction to hear § 522(f) lien avoidance. The bankruptcy court retained authority under § 522(f) to hear the Chapter 7 debtor’s motion to avoid judicial lien, notwithstanding the trustee’s prior abandonment of the cause of action. Under 28 U.S.C.A. § 1334(e)(1), the court had jurisdiction over property of the estate and of the debtor. Ramos v. Negron (In re Ramos), 498 B.R. 401 (BAP 1st Cir. 2013).

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From the Editor – Avoidance Actions

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9th Circuit BAP: Actually, Absolute Right to Dismiss Means Absolute

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