- 11 U.S.C.
Swartz v. Billingsley (In re Billingsley)
Mar
06
2006
Ruling
Trustee was not allowed to seek turnover of assets from a non-debtor corporation of which the debtor was the sole shareholder.
Procedural posture
Plaintiff chapter 7 trustee filed an adversary complaint for accounting and turnover of funds naming the debtor, the debtor's ex-spouse, and a corporation as defendants. The debtor and his ex-spouse were the sole shareholders of the corporation. The complaint sought a turnover of assets from the corporation. The debtor and the corporation moved for summary judgment.
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Court
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