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HOBSON v. HOLLOWAY

No. CA 09-777.

377 S.W.3d 376 (2010)

2010 Ark. App. 264

Sandra HOBSON, Appellant v. Donald HOLLOWAY, Appellee.

Court of Appeals of Arkansas.

Rehearing Denied April 28, 2010.

Attorney(s) appearing for the Case

Michael A. Leboeuf , James C. Baker, Jr. , Little Rock, AR, for appellant.

Kimberly Dickerson Young , Little Rock, AR, for appellee.

WAYMOND M. BROWN, Judge.

Based upon a finding that Sandra Hobson was not the real party in interest, the Prairie County Circuit Court granted Donald Holloway's motion for summary judgment, resulting in the dismissal of Hobson's negligence claim against him. The circuit court so ruled because Hobson filed her complaint while her Chapter 7 bankruptcy estate was still open. We hold (1) that the bankruptcy trustee had not abandoned Hobson's claim at the time she filed...

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