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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Bankruptcy Law
Satisfied Customers: 118722
Experience:  Attorney At Law handling education matters.
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I filed a chapter 13 bankruptcy petition in the district of

Customer Question

I filed a chapter 13 bankruptcy petition in the district of Connecticut. It was converted to asset case under chapter 7. The trustee filed a "notice of pendency of bankruptcy case" on the land records listing a total of 4 separate pieces of real estate properties own by the me in one particular town. afterwards the trustee files a notice of abandonment in bankruptcy court, but lonely listing 3 out of the 4 properties included in the notice of pendency of bankruptcy case. ( The Trustee maintained control of 1 of 4 properties for liquidation) Afterwards I received my discharge under 11 usc sec. 727. Then the chapter 7 trustee mails me a release of the pendency of bankruptcy case about 1 year after the filing of the notice of abandonment. Here are the following questions:
1. What is a Notice of Pendency of Bankruptcy Case? Can you please tell me where I can find the laws and rules under the Bankruptcy Code that governs this?2. Can you please tell me what affect does the filing of this pendency on the land records have on the properties?3. Is there such a thing as an administrative notice of abandonment that has no legal affect on the notice of pendency of bankruptcy case filed on the land records? Because one years later I received a release of the pendency of the bankruptcy case to file on the land records?4. Although I received the release of the pendency of the bankruptcy case from the trustee, I have not filed it on the land records and my bankruptcy case is still open and has never been closed. So are all of the 4 properties still protected under the Automatic Stay pursuant to 11 USC Sec. C (1).?5.Can please please give me statutes, case law and any 2nd cir opinions so that I can read and have a better understanding.6. Also can you please forward any 2nd cir rulings on abandonment vs. closing the bankruptcy case.Thank you.
Submitted: 3 months ago.
Category: Bankruptcy Law
Expert:  Law Educator, Esq. replied 3 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
1) It is also known as a "Lis pendens" and it is filed under State code, since federal law borrows state code for this type of situation and it is CT Statute 52-325. A lis pendens is simply a notice to anyone looking at the deed that the property is involved in some type of legal matter or situation.
2) All the lis pendens does is put third parties on notice to be aware the property has a legal action that may affect ownership of the property.
3) Abandonment does not mean the bankruptcy is closed, it means that the trustee is abandoning claim on the said property. The trustee did not have to abandon all of the property, they could abandon only select properties.
4) Section 554 of the Bankruptcy Code permits the abandonment of property of the estate that is “burdensome to the estate or that is of inconsequential value to the estate,” either on notice by the trustee or debtor in possession (DIP), or on motion by a party in interest. So all properties are most likely still under the stay as long as the BK is open, since the trustee abandoned the claim to the properties..
5/6) See In re A.J. Lane & Co. Inc., 133 B.R. 264, 269 (Bankr. D. Mass. 1991).
See In re Sandy Ridge Dev. Corp., 881 F.2d 1346 (5th Cir. 1989).
See, e.g., Samore v. Olson (In re Olson), 100 B.R. 458, 462-63 (Bankr. N.D. Iowa 1989), aff’d, 121 B.R. 346, 348 (N.D. Iowa 1990), aff’d, 930 F.2d 6, 8 (8th Cir. 1991)
See: In re McGowan, 95 B.R. 104, 108 (Bankr. N.D. Iowa 1988).
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Customer: replied 3 months ago.
I am always very please with this particular attorney's replys. 5 stars most definitely!
Expert:  Law Educator, Esq. replied 3 months ago.
Thank you very much. Please do not forget to click on the stars at the top of your page.