United States Ninth Circuit

Dismissal of plaintiff-debtors' adversary proceedings against defendant-bank is affirmed, where: 1) defendant placed a temporary administrative pledge on plaintiffs' accounts after it discovered that they had filed a bankruptcy petition; 2) plaintiffs could not state a claim for willful violation of the automatic stay provision of 11 U.S.C. section 362(a)(3) as, before the account funds re-vested, the funds remained estate property and plaintiffs had no right to possess or control them; and 3) after the account funds re-vested in plaintiffs, the funds lost their status as estate property and were no longer subject to section 362(a)(3).

Appellate Information

• Decided 08/26/2014
• Published 08/26/2014

Judges

• Bybee

Court

• United States Ninth Circuit

Counsel