It contemplates just one entity, and that is the representative of the estate. There is no need to employ Section 544(a) to bring into the estate that which is already in the estate under Section 541, and Congress did not envision that a trustee could actually attach, seize, or garnish a claim that is already in her possession any more than a creditor with an actual judicial lien or creditors’ bill could attach, seize, or garnish a claim that already has been given to her. Id. at 521 (internal quotation marks and citations omitted). In addition, the Greater Southeast court found that even if the bankruptcy trustee could somehow execute on its hypothetical judgment lien, it would nevertheless be subject to all of the defects inherent to the claim

What is clear, however, is that any “trust fund” claim would have all the same infirmities as the Trustee’s other damages claims. Case 1:11-cv-00913-CM Document 67 Filed 09/16/11 Page 38 of 89 -24- Koch Refining, involved a veil-piercing claim that was “property of the estate” under section 541, not a right under section 544.

LLC v. First Home View Corp. (In re Miami Neighborhoods, Inc.), Adv. No. 08–01186–AJC, 2008 WL 2444530, *7 (Bankr. S.D. Fla. June 16, 2008) (postpetition recording of certificate of title did not violate automatic stay where certificate of sale had been issued prior to petition date), reconsid. denied, 2008 WL 4397425 (Bankr. S.D. Fla. Sept. 26, 2008); see also 11 U.S.C. § 541(d) (property of the estate does not include property over which debtor has legal title but not equitable interest).30 3. BancGroup Waived Its Claim to Ownership of the REIT Preferred Securities.

11 U.S.C. § 541(a) (emphasis supplied). Lawsuits or potential causes of action are assets or contingent assets that must be disclosed on a petitioner’s bankruptcy schedules. Sierra Switchboard Co. v. Westinghouse Elec. Corp., 789 F.2d 705, 707 (9th Cir. 1986) (“The scope of section 541 is broad, and includes causes of action.”). Moreover, “[c]ommunity property assets and their proceeds become part of the bankruptcy estate of the first spouse to file a bankruptcy petition.

The Maserati and the Ferrari are property of the Bankruptcy Estate. See 11 U.S.C. §541. Pursuant to 11 U.S.C. §542, any entity that is in possession of property of the estate shall “deliver to the trustee and account for such property or the value of the property”.

Under state law, that right is plainly not an “interest[] of the debtor” Santiago-Monteverde. 11 U.S.C. § 541(a)(1). Cf. Murphy v. N.Y. State Div.

Again, Congress’s unequivocal intent that the bankruptcy courts’ jurisdiction over such property be worldwide is sufficient to rebut the general Case 1:12-mc-00115-JSR Document 309 Filed 08/17/12 Page 25 of 32 19   presumption against extraterritoriality. See French, 440 F.3d at 152; SIPA § 78eee(b)(2)(A); 11 U.S.C. § 541(a)(1). The Defendants’ assertion that Congressional silence in Dodd-Frank concerning extraterritorial application of SIPA implies that Congress intended to confine the statute to domestic application represents precisely the wrong inference from the facts.

The bankruptcy estate consists of “all legal or Case 2:11-cv-00511-TS Document 8 Filed 06/20/11 Page 6 of 23 {DN090675;1} 7 equitable interests of the debtor in property as of the commencement of the case” (11 U.S.C. § 541(a)(1) and “[a]ny interest in property that the estate acquires after the commencement of the case.” 11 U.S.C. § 541(a)(7). Section 541’s definition of “property” is interpreted broadly to include causes of action. United States v. Whiting Pools, Inc., 462 U.S. 198, 205 (1983); Sender v. Buchanan (In re Hedged-Investments Associates, Inc., 84 F.3d 1281, 1285 (10th Cir. 1996); Ammons v. La-Z-Boy, Inc., No. 1:04-CV-67-TC-SA, 2009 WL 3460306 at *6 (D. Utah Oct. 20, 2009).

Compl. ¶ 11; see 11 U.S.C. § 541(a)(2). In any event, Plaintiff does not claim that she actually made credit card payments between October 2013 and August 2016.

21Id. 22See 11 U.S.C. § 541(a)(2). Case 5:16-cv-00850-SMH-KLH Document 43-2 Filed 02/10/17 Page 12 of 25 PageID #: 849 - 9 - debtor in possession under chapter 11 of the Bankruptcy Code.23 Fox, in her capacity as the non-debtor spouse, became a residual equity owner of the bankruptcy estate.