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In re Borowie

In re Borowie

Ruling
Trustee could recover value of debtor's prepetition check that cleared postpetition.
Procedural posture

The chapter 7 trustee sought to compel the debtor to turnover the value of funds which the debtor had on deposit in his checking account at the moment of his bankruptcy filing. The central issue was whether a post-petition disposition of assets in good faith would absolve the debtor of the duty to surrender property as required under 11 U.S.C.S. § 521(a)(4).

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Consumer opinion summary, case decided on November 05, 2008 , LexisNexis #0109-012