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Effect of Abandonment of Property

The following summaries are of recent published decisions of the California appellate courts, the Ninth Circuit, and the United States Supreme Court. The summaries are presented without regard to whether Severson & Werson represented a party in the case.

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Martin v. Gladstone (2023) 2023 WL 6889015

A bankruptcy trustee may avoid prospective liability for premises liability on property of the bankrupt estate by abandoning the property to the debtor.  However, the abandonment will not operate retrospectively to absolve the trustee of liability for injuries a visitor to the property suffered before the trustee abandoned the property.  Also, the Barton doctrine (Barton v. Barbour (1881) 104 U.S.… Read More