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Olah v. Baird (In re Baird)

Jun
03
2009
Ruling
Bankruptcy court erred in holding that debtor doctor's malpractice policy was not property of the estate.
Procedural posture

During a malpractice suit, debtor doctor filed for bankruptcy and was discharged in bankruptcy. Plaintiff parents sued defendants, a trustee and an insurer, seeking a declaration that the doctor's liability policy was part of the doctor's estate under 11 U.S.C.S. § 541. The bankruptcy court ruled against the parents under 11 U.S.C.S. § 365(d)(1). The United States District Court for the District of Utah affirmed. The parents appealed.

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Court :
Judge or Jurisdiction information not available
Consumer opinion summary, case decided on June 03, 2009 , LexisNexis #0709-053
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Kuhnel v. Kuhnel (In re Kuhnel)

Jul
25
2007
Ruling
Trustee's objection to exemption in voluntarily transferred property recovered by trustee was not time barred.
Procedural posture

The bankruptcy court allowed appellant bankruptcy trustee to contest an exemption under 11 U.S.C. § 522(g) after the Fed. R. Bankr. P. 4003(b) deadline had run. Appellee debtors appealed, and the United States Bankruptcy Appellate Panel for the Tenth Circuit reversed, holding that the trustee's objection was time-barred. The trustee appealed.

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Court :
Judge or Jurisdiction information not available
opinion summary, case decided on July 25, 2007 , LexisNexis #0907-027
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