Bencivenga v. US Bank, National Association et al

Filing 51


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1 2 IN THE UNITED STATES DISTRICT COURT 3 FOR THE NORTHERN DISTRICT OF CALIFORNIA 4 5 MARC ANTHONY BENCIVENGA, 6 Plaintiff, 7 8 9 United States District Court For the Northern District of California 10 11 No. C 11-04128 SI ORDER RE: ABANDONMENT OF CLAIM BY BANKRUPTCY TRUSTEE 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. / 12 13 On March 29, 2012, the Court stayed this action pending the bankruptcy trustee’s abandonment 14 of plaintiff’s claim. See Dkt. 47. The bankruptcy case was re-opened on January 10, 2012 to allow 15 plaintiff to file an amended schedule listing the claim, which he did on January 31, 2012. See In re: 16 Marc Anthony Bencivenga, Bankruptcy Pet. 11-10829, Dkts. 18-20. On April 9, 2012, the bankruptcy 17 case was closed. 18 On April 16, 2012, plaintiff filed a “Notice of Closing of Bankruptcy Case, and Request for 19 Hearing Rescheduling.” Dkt. 48. Plaintiff argues that the closing of the bankruptcy case is “a 20 conclusive showing that the trustee for said bankruptcy, Timothy W. Hoffman, has abandoned plaintiff’s 21 claim.” Id. However this, without more, is not proof that the trustee has abandoned the claim. Plaintiff 22 is directed to file a statement from the trustee stating that the trustee has abandoned the claim or 23 otherwise provide evidence that the claim has been abandoned. The Court will thereafter lift the stay 24 and reschedule a hearing on U.S. Bank’s motion to dismiss. 25 IT IS SO ORDERED. 26 27 28 Dated: April 26, 2012 SUSAN ILLSTON United States District Judge

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