Olick v. Parker & Parsley Petroleum Co., 145 F.3d 513 (2d Cir. 1998). · Go Syfert
Olick v. Parker & Parsley Petroleum Co., 145 F.3d 513 (2d Cir. 1998). Cases Citing This Book View Copy Cite
Quick Summary

A Chapter 13 debtor has standing to litigate causes of action that are assets of the bankruptcy estate without the participation of the trustee.

A Chapter 13 debtor filed a supplemental fee application in district court after filing for bankruptcy, arguing he lacked standing because the claim belonged to his bankruptcy estate. The court addresses whether a Chapter 13 debtor retains the capacity to litigate causes of action that are assets of the bankruptcy estate without the trustee's participation. The court applies the principle that, unlike Chapter 7 debtors, Chapter 13 debtors retain standing to pursue such claims because creditors' recovery is drawn from the debtor's earnings rather than estate assets. The court holds that the debtor has standing to litigate the claim in his own name and affirms the district court's orders regarding the fee applications.

137 citation events (113 in the last 25 years) across 48 distinct courts.
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At page 515 Debtor standing to litigate estate causes of action46 citing casesconcluding a chapter 13 debtor, unlike a chapter 7 debtor, has standing to litigate causes of action not arising under the Bankruptcy Code4 citing courts put it this way · 45 listed here
  • Johnathan Glen Maupin, No. 25-40104 (Bankr. D. Idaho Nov. 21, 2025).
    (concluding a chapter 13 debtor, unlike a chapter 7 debtor, has standing to litigate causes of action not arising under the Bankruptcy Code)
  • Cussick v. R.L. Baxter Bldg. Corp., 228 A.D.3d 614 (N.Y. App. Div. 2d Dep't 2024).published
    While a chapter 13 bankruptcy debtor has standing to litigate cases that belong to the estate ( see Olick v Parker & Parsley Petroleum Co. , 145 F3d 513, 515-516 [2d Cir]), here the "[p]laintiff's prolonged failure to disclose this lawsuit…
  • Nicke v. Schwartzapfel Partners, P.C., 148 A.D.3d 1168 (N.Y. App. Div. 2d Dep't 2017).published
    Contrary to the court’s determination, the plaintiffs, as litigants in a Chapter 13 bankruptcy proceeding, possessed the requisite capacity to maintain this action (see Giovinco v Goldman, 276 AD2d 469, 469 [2000]; Olick v Parker & Parsley…
  • Dufrene v. Conagra Foods, Inc., 196 F. Supp. 3d 979 (D. Minn. 2016).published
    Corp., 717 F.3d 337, 342-43 (4th Cir. 2013); Smith v. Rockett, 522 F.3d 1080, 1081 (10th Cir.2008); Crosby v. Monroe Cnty., 394 F.3d 1328 , 1331 n. 2 (11th Cir.2004); Cable v. Ivy Tech State College, 200 F.3d 467, 472-74 (7th Cir.1999), ov…
  • Crawford v. Franklin Credit Mgmt. Corp., 758 F.3d 473 (2d Cir. 2014).published
    See, e.g., Jackson v. Novak, 593 F.3d 171, 176 (2d Cir.2010); Olick v. Parker & Parsley Petroleum Co., 145 F.3d 513, 515 (2d Cir.1998); Seward v. Devine, 888 F.2d 957, 963 (2d Cir.1989).
  • Cassese v. Washington Mut., Inc., 27 F. Supp. 3d 335 (E.D.N.Y. 2014).published
    July 5, 2007), vacated on other grounds, 315 Fed.Appx. 333 (2d Cir.2009); Olick v. Parker & Parsley Petroleum Co., 145 F.3d 513, 515, 516 (2d Cir.1998) (affirming district court’s award of supplemental fees to class counsel for time and ex…
  • Aery v. Wallace Lincoln-Mercury, LLC, 118 So. 3d 904 (Fla. 4th DCA 2013).published
    “[t]he reality of a filing under Chapter 13 is that the debtors are the true representatives of the estate and should be given broad latitude essential to control the progress of their case”
  • Lamont Wilson v. Dollar Gen. Corp., 717 F.3d 337 (4th Cir. 2013).published
    See Smith v. Rockett, 522 F.3d 1080, 1082 (10th Cir.2008); Crosby v. Monroe Cnty., 394 F.3d 1328 , 1331 n. 2 (11th Cir.2004); Cable v. Ivy Tech State College, 200 F.3d 467, 472-74 (7th Cir.1999); Olick v. Parker & Parsley Petroleum Co., 14…
  • In re Cahill, 478 B.R. 173 (Bankr. S.D.N.Y. 2012).published
    Discussion In Olick v. Parker & Parsley Petroleum Co., 145 F.3d 513, 515 (2d Cir. 1998), the Second Circuit held that “a Chapter 13, debtor, unlike a Chapter 7 debtor, has standing to litigate causes of action.... ” The Second Circuit went…
  • In re Goines, 465 B.R. 704 (Bankr. N.D. Ga. 2012).published
    Crosby v. Monroe Cnty., 394 F.3d 1328 , 1331 n. 2 (11th Cir.2004); Smith v. Rockett, 522 F.3d 1080, 1081 (10th Cir.2008); Cable, 200 F.3d at 472-73 ; Olick v. Parker & Parsley Petroleum Co., 145 F.3d 513, 515 (2d Cir.1998); Maritime Elec.
Show 35 more citing cases
  • Lattin v. Midland Mortg. Co. (In re Lattin), 461 B.R. 832 (Bankr. D. Nev. 2011).published
    (class action costs)
  • Brock v. Thomas, 782 F. Supp. 2d 133 (E.D. Pa. 2011).published
    Grace & Co., 591 F.3d 164, 170 (3d Cir.2009) (“Federal district courts ‘have original jurisdiction but not exclusive jurisdiction of all civil proceedings arising under title 11 [of the Bankruptcy Code], or arising in or related to cases u…
  • Wilborn v. Wells Fargo Bank, N.A. (In re Wilborn), 401 B.R. 872 (Bankr. S.D. Tex. 2009).published
    Olick v. Parker & Parsley Petroleum Co., 145 F.3d 513, 515-16 (2d Cir.1998) (per curiam) (finding that a Chapter 13 debtor has standing "to litigate causes of action that are not part of a case under title 11” in part because “in Chapter 1…
  • Smith v. Rockett, 522 F.3d 1080 (10th Cir. 2008).published 4 cites
    Because of these differences between Chapter 7 and Chapter 13 bankruptcies, the four circuit courts to consider this issue have all concluded that Chapter 13 debtors have standing to bring claims in their own name on behalf of the bankrupt…
  • Gowin v. Autos, Inc., 244 F. App'x 885 (10th Cir. 2007).unpublished
    (interpreting legislative history to conclude Chapter 13 debtor has standing)
  • In re Stewart, 373 B.R. 801 (Bankr. S.D. Ga. 2007).published
    The Second Circuit Court of Appeals in Olick v. Parker & Parsley Petroleum Co., 145 F.3d 513, 515 (2d Cir. 1998), noted that the “Bankruptcy Code itself is silent as to whether a debtor retains the capacity to sue others when a cause of ac…
  • William J. Crosby v. Monroe Cnty., 394 F.3d 1328 (11th Cir. 2004).published
    Bankr.P. 6009; In re Mosley, 260 B.R. 590, 595 (Bankr.S.D.Ga.2000) ("In Chapter 13 cases where the debtor is the party plaintiff, courts recognize that the Chapter 13 debtor may sue and be sued, and that the debtor controls the litigation…
  • First Capital Asset Mgmt., Inc. v. Satinwood, Inc., 385 F.3d 159 (2d Cir. 2004).published
    “[t]he reality ... under Chapter 13 is that the debtors are the true representatives of the estate and should be given the broad latitude essential to control the progress of their case”
  • Docket No. 03-7897(l), 385 F.3d 159 (2d Cir. 2004).published
    “[t]he reality ... under Chapter 13 is that the debtors are the true representatives of the estate and should be given the broad latitude essential to control the progress of their case”
  • Looney v. Hyundai Motor Mfg. Alabama, LLC., 330 F. Supp. 2d 1289 (M.D. Ala. 2004).published
    “that a Chapter 13 debtor, unlike a Chapter 7 debtor, has standing to litigate causes of action that are not part of a case under title 11”
  • Dulworth v. U.S. Off. Prods. Co. (In re U.S. Off. Prods. Co. Sec. Litig.), 313 B.R. 73 (D.D.C. 2004).published
    (holding that “the district court was not divested of jurisdiction by reason of [the plaintiffs] bankruptcy)
  • Equal Emp. Opportunity Comm'n v. Apria Healthcare Grp., Inc., 222 F.R.D. 608 (E.D. Mo. 2004).published
    (Chapter 13 debtor retains standing to litigate causes of action that, outside of bankruptcy, would belong to the debtor)
  • Houston v. Eiler (In re Cohen), 305 B.R. 886 (B.A.P. 9th Cir. 2004).published
    Cable, 200 F.3d at 473 ; Olick v. Parker & Parsley Petroleum Co., 145 F.3d 513, 515-16 (2d Cir.1998); Maritime Elec.
  • In re of the Arbitration between Miller & Berti, 1 A.D.2d 885 (N.Y. App. Div. 4th Dep't 2003).published
    Hansen v Madani, 263 AD2d 881 [1999]; Reynolds v Blue Cross of Northeastern N.Y., 210 AD2d 619, 620 [1994]), has standing to pursue any cause of action that he or she possesses (see Olick v Parker & Parsley Petroleum Co., 145 F3d 513, 515-…
  • Stansberry v. Uhlich Child.'s Home, 264 F. Supp. 2d 681 (N.D. Ill. 2003).published
    Id. at 473 (citing Olick v. Parker & Parsley Petroleum Co., 145 F.3d 513, 515 (2d Cir.1998); Maritime Elec.
  • Beasley v. Pers. Fin. Corp., 279 B.R. 523 (S.D. Miss. 2002).published
    A Chapter 13 debtor does not lose his right to sue upon filing his petition for bankruptcy. 1 See Olick v. Parker & Parsley Petroleum Co., 145 F.3d 513, 515-16 (2d Cir.1998); In re James, 210 B.R. 276, 278 (Bankr.S.D.Miss.1997) (holding th…
  • Friedman v. UBS AG, 282 F.3d 103 (2d Cir. 2002).published
    “This time limit is mandatory and jurisdictional”
  • In re Holocaust Victim Assets Litig., 282 F.3d 103 (2d Cir. 2002).published
    “This time limit is mandatory and jurisdictional”
  • Jim Walter Homes, Inc. v. Kendrick, 810 So. 2d 645 (Ala. 2001).published
    “[I]n a recent opinion the United States Court of Appeals for the Second Circuit stated: `Although some courts of appeals have held that Chapter 7 debtors have no standing to pursue causes of [action] that belong to the…”
  • Ex parte Moore, 793 So. 2d 762 (Ala. 2000).published 2 cites
    “Although some courts of appeals have held that Chapter 7 debtors have no standing to pursue causes of [action] that belong to the estate, see, e.g., Bauer v. Commerce Union Bank, 859 F.2d 438, 441 (6th Cir. 1988), we re…”
  • Rooney v. Thorson, 209 F.3d 114 (2d Cir. 2000).published 2 cites
    In reaching this conclusion, we note that our decision in Olick v. Parker & Parsley Petroleum Co., 145 F.3d 513, 515-16 (2d Cir.1998) (per curiam), is readily distinguishable.
  • In re Dawnwood Props./78, 209 F.3d 114 (2d Cir. 2000).published 2 cites
    Therefore, the case properly was dismissed. 11 In reaching this conclusion, we note that our decision in Olick v. Parker & Parsley Petroleum Co., 145 F.3d 513, 515-16 (2d Cir. 1998) (per curiam), is readily distinguishable.
  • Kelsey v. Waste Mgmt., 76 Cal. App. 4th 590 (Cal. Ct. App. 1999).published 2 cites
    (Olick, supra, 145 F.3d at p. 515; Donato, supra, 230 B.R. at p. 425 .) At least two federal courts have determined that a chapter 13 debtor has standing to sue.
  • Donato v. Metro. Life Ins., 230 B.R. 418 (N.D. Cal. 1999).published
    Olick v. Parker & Parsley Petroleum Co., 145 F.3d 513, 515 (2nd Cir.1998) (citing In re Freeman, 72 B.R. 850, 854 (Bankr.E.D.Va.1987)).
  • Isnady v. Vill. of Walden, No. 7:21-cv-03730 (S.D.N.Y. Aug. 19, 2022).
    (holding that a Chapter 13 debtor has standing, concurrent with that of the trustee, to bring a cause of action on behalf of the estate)
  • In re Beckford, No. 17-2865 (2d Cir. July 6, 2018).unpublished
    (holding that a debtor who files for Chapter 13 bankruptcy, “unlike a Chapter 7 debtor,” 2 may litigate causes of action that belong to the estate)
  • Collins v. Suraci, 110 A.D.3d 1214 (N.Y. App. Div. 3d Dep't 2013).published
    Corp. v White, 736 F Supp 2d 538, 554 [ED NY 2010] [internal quotation marks and citations omitted]; see Olick v Parker & Parsley Petroleum Co., 145 F3d 513, 515-516 [2d Cir 1998]; Kenney v National Fuel Gas Distrib.
  • Jakab v. Cendant Mortg. Corp. (In re Jakab), 293 B.R. 621 (Bankr. D. Vt. 2003).published
  • Gaudin v. Saxon Mortg. Servs., Inc., 820 F. Supp. 2d 1051 (N.D. Cal. 2011).published
  • York v. State, 373 S.W.3d 32 (Tex. 2012).published
  • Kenney v. Nat'l Fuel Gas Distrib. Corp., 8 A.D.3d 989 (N.Y. App. Div. 4th Dep't 2004).published
  • Marah Wood Prods., LLC v. Jones, 534 B.R. 465 (D. Conn. 2015).published
  • In re Jones, 505 B.R. 229 (Bankr. E.D. Wis. 2014).published
  • M & T Mortg. Corp. v. White, 736 F. Supp. 2d 538 (E.D.N.Y. 2010).published
  • West v. Young, 38 Misc. 3d 1030 (N.Y. Sup. Ct. 2013).published
At page 516 Debtor's standing and powers in chapter 13 proceedings17 citing cases“the creditors' recovery is drawn from the debtor's earnings, not from the assets of the bankruptcy estate; hence, it is only the chapter 13 debtor who stands to gain or lose from efforts to pursue a cause of action that is an asset of the bankruptcy estate”2 citing courts quote it · 16 listed here
  • Scott v. Am. Sec. Ins. Co. (In re Scott), 572 B.R. 492 (Bankr. S.D.N.Y. 2017).published
    ([W]e need not consider, and deliberately express no opinion regarding, whether a Chapter 13 debtor would be able to invoke [a trustee’s avoiding] powers in an action to augment the bankruptcy estate.)
  • Gera v. Luthra, No. 1:23-cv-05573 (E.D.N.Y. Aug. 16, 2024).
    “prevents the commencement or continuation, after a bankruptcy petition has been filed, of lawsuits and proceedings to recover a claim against the debtor that arose before the filing of the petition”
  • Luck v. McMahon, No. 3:20-cv-00516 (D. Conn. June 26, 2020).
    “prevents the commencement or continuation, after a bankruptcy petition has been filed, of lawsuits and proceedings to recover a claim against the debtor that arose before the filing of the petition”
  • W. Rogowski Farm, LLC v. Cnty. of Orange, 171 A.D.3d 79 (N.Y. App. Div. 2d Dep't 2019).published
    The automatic stay does not have the converse effect of prohibiting actions by the debtors ( see Olick v Parker & Parsley Petroleum Co. , 145 F3d 513, 516 [2d Cir]; Maritime Elec.
  • In re Eugene Dugger, Jr. Marianne Francis Dugger, No. SC-11-1052-PaMkCa (B.A.P. 9th Cir. June 8, 2012).unpublished
    Olick v. Parker & Parsley Petroleum 20 Co., 145 F.3d 513, 516 (2d Cir. 1998).
  • Martin v. Clinical Pathology Labs., Inc., 343 S.W.3d 885 (Tex. App.—Dallas 2011).published
    Olick, 145 F.3d at 516.
  • 4kids Ent., Inc. v. Upper Deck Co., 797 F. Supp. 2d 236 (S.D.N.Y. 2011).published
    Olick v. Parker & Parsley Petroleum Co., 145 F.3d 513, 516 (2d Cir. 1998).
  • In re Johnson, 409 B.R. 459 (Bankr. N.D. Ohio 2009).published
    Chapter 13 debtors have standing to bring claims in their own name on behalf of the bankruptcy estate.”); Crosby v. Monroe County, 394 F.3d 1328 , 1331 n. 2 (11th Cir.2004)(“because Crosby filed under Chapter 13 of the Bankruptcy Code, he…
  • Smith v. Rockett, 522 F.3d 1080 (10th Cir. 2008).published 4 cites
    Because of these differences between Chapter 7 and Chapter 13 bankruptcies, the four circuit courts to consider this issue have all concluded that Chapter 13 debtors have standing to bring claims in their own name on behalf of the bankrupt…
  • In re Binghi, 299 B.R. 300 (Bankr. S.D.N.Y. 2003).published
    “deliberately expressed] no opinion regarding, whether a Chapter 13 debtor would be able to invoke those [avoidance] powers in an action to augment the bankruptcy estate”
Show 6 more citing cases
Other citing cases2 with no pin cite or quoted language on record
Retrieving the full opinion text from the archive…
Thomas W. OLICK, Mary Ann Maywalt, Mary White, John Vosefski, Vivienne Galligan, on behalf of themselves and all others similarly situated
v.
PARKER & PARSLEY PETROLEUM COMPANY, Smith Barney, Harris Upham & Co., Inc., Barrie M. Damson, William T. Ouzts, Robert F. Carr, III, J. William Pierce, Robert S. Rose, Jerol M. Sonosky, Garth M. Ramsay, Scott D. Sheffield, Herbert C. Williamson, Timothy M. Dunn, James D. Moring, Robert J. Castor, Frank A. Kubica
Docket No. 97-7788.
Court of Appeals for the Second Circuit.
May 27, 1998.
Published opinion
145 F.3d 513
1998 U.S. App. LEXIS 10463
1998 WL 270103
Thomas W. Olick, pro se, Easton, PA., Richard J. Kilsheimer, Kaplan, Kilsheimer & Fox LLP (Robert N. Kaplan, Paul B. Lyons, on the brief), New York City; Michael A. LaBazzo, Sullivan Hill Lewin Rez Engel & LaBazzo, San Diego, CA; Donald R. Bradford, John R. Decker, Bradford & Decker, Tulsa, OK; Stephen D. Oestreieh, Wolf Popper LLP, New York City, for Plaintiffs-Appellees.
Cabranes, Graafeiland, Meskill.
Cited by 71 opinions  |  Published
PER CURIAM:

Appellant Thomas Olick, a member of the plaintiff class in the underlying securities class action, appeals from orders of the United States District Court for the Southern District of New York (Robert W. Sweet, Judge) granting class counsel’s motion for supplemental fees and expenses and, with the exception of a small portion of expenses, denying Olick’s motion for an award of consulting fees and expenses for services rendered to the class.

I.

In conjunction with a proposed $8.25 million settlement of the underlying-class action litigation, class counsel and Olick filed fee applications. Although Olick was not a class representative or an attorney, Olick’s application sought consulting fees and expenses that he claimed to have incurred on behalf of the class. In an opinion entered on October 6, 1994, the district court approved the proposed settlement, granted for the most part the attorneys’ fee applications, and granted a portion of Olick’s request for fees and expenses. The district court entered final judgment and an order of dismissal on November 21, 1994, and this Court affirmed that judgment in Maywalt v. Parker & Parsley Petroleum Co., 67 F.3d 1072 (2d Cir.1995). In the interim, on March 30,1995, the district court denied Olick’s motion for reconsideration of. the order denying the bulk of his fee application and for sanctions against class counsel. Olick did not file a notice of appéai from either the November 1994 final judgment or the March 1995 denial of his motion for reconsideration.

In August 1996, class counsel moved for a supplemental award of attorneys’ fees and expenses to cover time and expenses spent defending the settlement. Olick filed objections to class counsel’s applications, arguing principally that class counsel had breached an alleged retainer agreement' specifying[*515] counsel’s hourly rates. Olick, who had filed a Chapter 13 bankruptcy petition in 1993, also sought a stay of any distribution of the settlement fund until the resolution of an adversary proceeding that he had filed in bankruptcy court. He filed an application for an award of supplemental fees for consulting services that he claimed to have provided to the class.

The district court granted Olick’s supplemental application in part and denied it in part on January 9, 1997, and granted class counsel’s application .for supplemental fees and expenses on May 12, 1997. The district court subsequently entered an order directing distribution of the settlement fund, and on June 3, 1997 it entered a final order stating that “no further proceedings are necessary and the action is closed.” Olick filed a notice of appeal two days later.

II.

To the extent that Olick challenges the district court’s November 1994 judgment approving the settlement or the March 1995 order denying his motion for reconsideration, we are without jurisdiction to entertain the appeal. Olick failed to file a notice of appeal within thirty days of the date of entry of the March 1995 order disposing of his motion for reconsideration. See Fed. R.App. P. 4(a)(1) & 4(a)(4)(F). This time limit is “mandatory and jurisdictional.” Griggs v. Provident Consumer Discount Co., 459 U.S. 56, 61, 103 S.Ct. 400, 74, L.Ed.2d 225 (1982) (per curiam).

Olick is able, however, to appeal from the January 1997 and May 1997 orders regarding his own and class counsel’s supplemental fee applications. He timely filed his notice of appeal as to these orders on June 5, 1997, following the district court’s entry of a final order on June 3, 1997. Accordingly, we entertain Oliek’s appeal insofar as it challenges those two orders.

III.

On appeal, Olick raises three issues related to the filing of his Chapter 13 bankruptcy petition: jurisdiction, standing, and the denial of his motion to stay the district court proceedings. We address each in turn.

Jurisdiction: The district court properly exercised its jurisdiction to rule on Olick’s supplemental fee application, notwithstanding Olick’s filing of a Chapter 13 bankruptcy petition. The district court was not divested of its jurisdiction by reason of Ol-ick’s bankruptcy; whether or not his application for a supplemental fee award fell within the jurisdiction of the bankruptcy court, as a civil proceeding “related to” a case under the Bankruptcy Code, 28 U.S.C. § 1334(b), the district court nevertheless shared concurrent jurisdiction with the bankruptcy court. Cf., e.g., Brock v. Morysville Body Works, Inc., 829 F.2d 383 (3d Cir.1987).

Standing: Recognizing that Olick filed his application for a supplemental award for fees and expenses after he had filed his Chapter 13 petition, we nevertheless find that Olick had standing in district court to pursue that action in his own name without joinder or substitution of the trustee, as a necessary party to the action.

Olick’s bankruptcy estate contained his claim for a supplemental award for fees and expenses. See 11 U.S.C.. §§ 541(a)(1), 1306(a)(1); Seward v. Devine, 888 F.2d 957, 963 (2d Cir.1989) (bankruptcy estate includes “any causes of action possessed by the debt- or”). Pursuant to § 323(a) and (b), the trustee is the representative of the estate and has capacity to sue and be sued. The Bankruptcy Code itself is silent as to whether a debtor retains the capacity to sue others when a cause of action belongs to the bankruptcy estate.

Although this Court has not previously ruled on the issue, we conclude that a Chapter 13 debtor, unlike a Chapter 7 debt- or, has standing to litigate causes of action that are not part of a case under title 11. See, e.g., In re Freeman, 72 B.R. 850, 854 (Bankr.E.D.Va.1987) (“The reality of a filing under Chapter 13 is that the debtors are the true representatives of the estate and should be given the broad latitude essential to control the progress of their case.”). Although some courts of appeals have held that Chap[*516]ter 7 debtors have ho standing to pursue causes of actions that belong to the estate, see, e.g., Bauer v. Commerce Union Bank, 859 F.2d 438, 441 (6th Cir.1988), we reach the contrary holding with respect to Chapter 13 debtors who pursue such causes of action. The legislative history of § 1303, which sets out the exclusive rights of a Chapter 13 debtor, supports the holding that a Chapter 13 debtor’s standing is different. Both the House of Representatives and Senate floor managers of the Uniform Law on Bankrupt cies, Pub.L. No. 95-598 (1978), stated that:

Section 1303 ... specifies rights and powers that the debtor has exclusive of the trustees. The section does not imply that the debtor does not also possess other powers concurrently with the trustee. For example, although Section [323] is not specified in section 1303, certainly it is intended that the debtor has the power to sue and be sued.

124 Cong. Rec. H. 11,106 (daily ed. Sept. 28, 1978) (remarks of Rep: Edwards); S. 17,423 (daily ed. Oct. 5, 1978) (remarks of Sen. DeConcini). It is also the case that in Chapter 13 proceedings (unlike Chapter 7 proceedings) the creditors’ recovery is drawn from the debtor’s earnings, not from the assets of the bankruptcy estate; it is only the Chapter 13 debtor who stands to gain or lose from efforts to pursue a cause of action that is an asset of the bankruptcy estate. Accordingly, the trustee’s participation in such an action is generally not needed to protect the Chapter 13 creditors’ rights.

Inasmuch as Olick’s activities before the district court did not involve any attempt to assert the trustee’s avoiding powers, see 11 U.S.C. §§ 544-53, we need not consider, and deliberately express no opinion regarding, whethér a Chapter 13 debtor would be able to invoke those powers in an action to augment the bankruptcy estate. Cf. In re Hamilton, 125 F.3d 292, 295-97 (5th Cir.1997) (describing courts’ divergent holdings regarding Chapter 13 debtor’s use of avoiding powers).

The Automatic Stay: The district court did not err in denying Olick’s motion to stay the proceedings. As the district court correctly pointed out, the automatic stay pursuant to 11 U.S.C. § 362 enjoins actions “against the debtor” (emphasis supplied). It prevents the commencement or continuation, after a bankruptcy petition has been filed, of lawsuits and proceedings to recover a claim against the debtor that arose before the filing of the petition. 11 U.S.C. § 362(a); Koolik v. Markowitz, 40 F.3d 567 (2d Cir.1994) (per curiam). In the case at bar, the opposite occurred:, No party sought to recover a claim “against” Olick; rather, Olick sought to recover from the settlement fund.

IV.

We have carefully considered all of Olick’s challenges to the district court’s grant of a . supplemental award to class counsel, and to the district court’s denial of the bulk of Ol-ick’s supplemental application, and we find that the district court did not abuse its discretion with respect to these rulings. See, e.g., Orchano v. Advanced Recovery, Inc., 107 F.3d 94, 98 (2d Cir.1997).

V.

For the reasons set forth above, we affirm the orders of the district court that denied in part and granted in part Olick’s supplemental fee application and granted class counsel’s supplemental fee application.