this case, [Finding of Fact No. 49] — received no monies whatsoever. By the time these distributions were made, Burns had already resigned, and the Debtor had no officers or directors. [Findings of Fact No. 40 & 41.] Burns conceded at the hearing that he does not have this documents memorializing the sale of the Debtor’s assets or the distribution of the sale proceeds. [Finding of Fact No. 59.] Only Rubicon and Crestview have this written information, and it is of the utmost importance for the Trustee to fulfill his fiduciary obligations to creditors of the Debtor’s estate by reviewing these documents and the sale transaction evidenced thereby. See In re Evangeline Refining Co., 890 F.2d 1312, 1323 (5th Cir.1989) (noting that trustees have fiduciary duties); 11 U.S.C. § 704(4) (<HOLDING>); In re Graven, 84 B.R. 630, 631 (Bankr.
holding debtor could include property because the bank accepted payments directly from the debtor and had previously allowed the debtor to cure default holding that the debtor lacked standing to bring a claim against the internal revenue service for the improper assessment of a tax deficiency because the cause of action was the property of the estate and had not been abandoned to the debtor holding one of the trustees duties is to investigate the financial affairs of the debtor holding that the debtor in possession could utilize the strongarm powers of the trustee to avoid an unperfected security interest even though the debtor knew of the interest prior to bankruptcy because the two are distinct entities and the debtor in possessions responsibility is to preserve the estates assets for the benefit of the creditors holding that longterm loans are unquestionably within a consumer debtors ordinary financial affairs