Bencivenga v. US Bank, National Association et al
ORDER RE: ABANDONMENT OF CLAIM BY BANKRUPTCY TRUSTEE (Illston, Susan) (Filed on 4/26/2012)
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF CALIFORNIA
MARC ANTHONY BENCIVENGA,
United States District Court
For the Northern District of California
No. C 11-04128 SI
ORDER RE: ABANDONMENT OF
CLAIM BY BANKRUPTCY TRUSTEE
US BANK, NATIONAL ASSOCIATION, as
Trustee of GSAA HOME EQUITY TRUST,
Series 2005-11, BARRETT DAFFIN FRAPPIER
TREDER & WEISS LLP, GRACE EVERITT,
On March 29, 2012, the Court stayed this action pending the bankruptcy trustee’s abandonment
of plaintiff’s claim. See Dkt. 47. The bankruptcy case was re-opened on January 10, 2012 to allow
plaintiff to file an amended schedule listing the claim, which he did on January 31, 2012. See In re:
Marc Anthony Bencivenga, Bankruptcy Pet. 11-10829, Dkts. 18-20. On April 9, 2012, the bankruptcy
case was closed.
On April 16, 2012, plaintiff filed a “Notice of Closing of Bankruptcy Case, and Request for
Hearing Rescheduling.” Dkt. 48. Plaintiff argues that the closing of the bankruptcy case is “a
conclusive showing that the trustee for said bankruptcy, Timothy W. Hoffman, has abandoned plaintiff’s
claim.” Id. However this, without more, is not proof that the trustee has abandoned the claim. Plaintiff
is directed to file a statement from the trustee stating that the trustee has abandoned the claim or
otherwise provide evidence that the claim has been abandoned. The Court will thereafter lift the stay
and reschedule a hearing on U.S. Bank’s motion to dismiss.
IT IS SO ORDERED.
Dated: April 26, 2012
United States District Judge
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