(Bankr. W.D. Ky. Sep. 1, 2016)
The bankruptcy court addresses the issue of whether the debtor’s prepetition claim for a surcharge before the Public Service Commission is property of the estate. The pre-petition receiver for the debtor argued that it was not, because the debtor abandoned its assets prepetition in the PSC action. The court disagrees, finding that legal title was not severed in the prepetition proceedings, and thus the bankruptcy trustee has control and authority over the surcharge claim. Opinion below.
Attorneys for trustee: James R. Irving, Robert W. Keats
Attorneys for Receiver: Kaplan & Partners LLP, Charity B. Neukomm, James E. McGhee, Christopher B. Rambicure