Opinion
Case No. 6:12-bk-07764-KSJ
01-20-2015
In re WILSON ARTHUR KNOTT, Debtor.
Chapter 7 ORDER DENYING CHAPTER 7 TRUSTEE'S MOTION TO SELL PROPERTY OF THE ESTATE AND ALLOWING DEBTOR TO PURSUE STATE COURT CLAIMS FOR ESTATE BENEFIT
This case came on for consideration on the Trustee's Report and Notice of Intention to Sell Property of the Estate (Doc. No. 43) ("Motion to Sell"), along with the Creditors'/Adversary Plaintiffs' Joint Response in Opposition to Trustee's Unorthodox Claim and Sale of Discharged Debtor's Rights and Motion to Strike (Doc. No. 46), the Objection to Trustee's Report and Notice of Intention to Sell Property of the Estate (Doc. No. 48), and the Debtor's Objection to Trustee's Pending Action to Sell Debtor's Assets/Rights and Motion to Strike (Doc. No. 51) (collectively, the "Objections"). Consistent with the Memorandum Opinion entered contemporaneously, it is
ORDERED:
1. The Objections (Doc. Nos. 46, 48, and 51) are sustained.
2. The Trustee's Motion to Sell (Doc. No. 43) is disapproved.
3. The automatic stay in place pursuant to 11 U.S.C. § 362 is modified to permit the Debtor to pursue his individual claims in the State Court Case to completion, provided however, that any monies recovered by the Debtor in connection with the litigation shall be paid to and distributed by the Chapter 7 Trustee, Gene Chambers.
Case No. 2010-ca-004751-O in the Circuit Court of the Ninth Judicial Circuit in Orange County, Florida.
DONE AND ORDERED in Orlando, Florida, January 20, 2015.
/s/_________
KAREN S. JENNEMANN
Chief United States Bankruptcy Judge
The Clerk is directed to serve a copy of this Order on all interested parties.