Bencivenga v. US Bank, National Association et al

Filing 50

ORDER RE: ABANDONMENT OF CLAIM BY BANKRUPTCY TRUSTEE (Illston, Susan) (Filed on 4/26/2012)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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MARC ANTHONY BENCIVENGA,

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Plaintiff,

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United States District Court
For the Northern District of California

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No. C 11-04128 SI
ORDER RE: ABANDONMENT OF
CLAIM

v.
US BANK, NATIONAL ASSOCIATION, as
Trustee of GSAA HOME EQUITY TRUST,
Series 2005-11, BARRETT DAFFIN FRAPPIER
TREDER & WEISS LLP, GRACE EVERITT,
DOES 1-10
Defendant.
/

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On March 29, 2012, the Court stayed this action pending the bankruptcy trustee’s abandonment

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of plaintiff’s claim. See Dkt. 47. The bankruptcy case was re-opened on January 10, 2012 to allow

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plaintiff to file an amended schedule listing the claim, which he did on January 31, 2012. See In re:

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Marc Anthony Bencivenga, Bankruptcy Pet. 11-10829, Dkts. 18-20. On April 9, 2012, the bankruptcy

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case was closed.

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On April 16, 2012, plaintiff filed a “Notice of Closing of Bankruptcy Case, and Request for

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Hearing Rescheduling.” Dkt. 48. Plaintiff argues that the closing of the bankruptcy case is “a

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conclusive showing that the trustee for said bankruptcy, Timothy W. Hoffman, has abandoned plaintiff’s

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claim.” Id. However this, without more, is not proof that the trustee has abandoned the claim. Plaintiff

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is directed to file a statement from the trustee stating that the trustee has abandoned the claim or

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otherwise provide evidence that the claim has been abandoned. The Court will thereafter lift the stay

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and reschedule a hearing on U.S. Bank’s motion to dismiss.

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IT IS SO ORDERED.

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Dated: April 26, 2012
SUSAN ILLSTON
United States District Judge