property of the estate


property of the estate
USA
property of the estate, Also known as estate property.
All tangible and intangible assets owned by a debtor at the commencement of a bankruptcy proceeding including intellectual property rights, tax attributes, stock options and causes of action. It excludes abandoned property, exempt property, property acquired by the debtor postpetition, spendthrift trusts, ERISA qualified retirement plans and 401(k) plans.
A debtor-in-possession or trustee may use, sell or lease property of the estate in the ordinary course of business, but any such action other than in the ordinary course of business requires court approval after notice to creditors and other interested parties. Only property of the estate may be used to pay creditors' claims.

Practical Law Dictionary. Glossary of UK, US and international legal terms. . 2010.

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