Summary
finding that "plaintiffs lacked standing to sue because they failed to properly list on their bankruptcy petition the present claims regarding assets about which they knew or should have known when their bankruptcy petition was filed."
Summary of this case from In re HydeOpinion
June 4, 1998
Appeal from the Supreme Court, Nassau County (Winslow, J.).
Ordered that the order is affirmed insofar as appealed from, with costs.
The Bankruptcy Code broadly defines the property of a debtor to include causes of action existing at the time of the commencement of the bankruptcy action ( see, 11 U.S.C. § 541 [a] [1]). The debtor must schedule the causes of action as assets on the bankruptcy petition in order for the trustee to formally abandon the claims ( see, Dynamics Corp. v. Marine Midland Bank, 69 N.Y.2d 191). The Supreme Court properly granted the defendants' motion to dismiss the complaint on the ground that the plaintiffs lacked standing to sue because they failed to properly list on their bankruptcy petition the present claims regarding assets about which they knew or should have known when their bankruptcy petition was filed ( see, Bromley v. Fleet Bank, 240 A.D.2d 611; Hart Sys. v. Arvee Sys., 244 A.D.2d 527; Cafferty v. Thompson, 223 A.D.2d 99).
O'Brien, J.P., Pizzuto, Joy and Florio, J.J., concur.