Lovald v. Falzerano (In re Falzerano)
Jul
23
2012
Ruling
Trustee's turnover claim based on unjust enrichment properly denied as beyond the scope of §542(a).
Procedural posture
Debtor filed for chapter 7 bankruptcy relief. Plaintiff bankruptcy trustee commenced an adversary turnover proceeding under 11 U.S.C.S. § 542(a) against defendants, a probate estate and others, alleging an unjust enrichment claim. The bankruptcy court found that defendants were not unjustly enriched. The Bankruptcy Appellate Panel for the Eighth Circuit (BAP) affirmed on an alternative ground involving the scope of § 542(a). The trustee appealed.
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Court
:
Judge or Jurisdiction information not available