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In re Wright

United States Bankruptcy Appellate Panel of the Sixth Circuit

April 17, 2017

In re: Wayne L. Wright, Debtor.

          Argued: February 7, 2017

         Appeal from United States Bankruptcy Court for the Northern District of Ohio at Cleveland. No. 10-20299-Jessica E. Price Smith, Judge.

         ARGUED:

          Gino Pulito, PULITO AND ASSOCIATES, LLC, Elyria, Ohio, for Debtor.

          Lauren A. Helbling, LAUREN A. HELBLING CO. LPA, Cleveland, Ohio, for Trustee.

         ON BRIEF:

          Gino Pulito, PULITO AND ASSOCIATES, LLC, Elyria, Ohio, for Debtor.

          Lauren A. Helbling, LAUREN A. HELBLING CO. LPA, Cleveland, Ohio, for Trustee.

          Before: HARRISON, PRESTON, and WISE, Bankruptcy Appellate Panel Judges.

          OPINION

          MARIAN F. HARRISON, Bankruptcy Appellate Panel Judge.

         Wayne L. Wright ("debtor") filed this appeal from the bankruptcy court's order granting the Chapter 7 Trustee's ("trustee") motion for authority to compromise personal injury and workers' compensation claims. The bankruptcy court rejected the debtor's argument that the trustee had abandoned those claims when the decree closing the case did not specify that the estate retained the claims. For the reasons stated below, the Panel reverses in part and affirms in part the bankruptcy court's ruling.

         ISSUES ONAPPEAL

1. Whether the bankruptcy court erred by finding that the debtor's personal injury claim was not abandoned with the closing of the case.
2. Whether the bankruptcy court erred by finding that the debtor's Bureau of Workers' Compensation ("BWC") claim was not abandoned with the closing of the case.
3. Whether the bankruptcy court erred in granting the trustee's motion for authority to compromise.

         JURISDICTION AND ...


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