§ 341

In re Holland

A chapter 7 trustee objected to a debtor's claimed exemptions of her shares of stock in a life insurance company and of the cash surrender value of a life insurance policy.
Ruling: 
Life insurance proceeds received more than 180 days postpetition were not property of the estate and failure to schedule justified by debtor's belief she was not a beneficiary.
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Consumer case opionion summary, case decided on November 17,2008, LexisNexis #0209-136

Prosser v. Prosser

A telephone cooperative and a chapter 11 trustee filed motions to compel defendants, a debtor and his nondebtor spouse, to answer certain questions at a § 341 meeting and to produce certain corporate and personal documents. The cooperative sought sanctions against the debtor. Defendants filed objections in which they asserted the Fifth Amendment.
Ruling: 
Debtor could assert Fifth Amendment privilege at creditors' meeting to the extent not waived.
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Consumer case opionion summary, case decided on June 09,2008, LexisNexis #0708-038

Peres v. Sherman (In re Peres)

Appellant debtors sought judicial review of the decision by the District Court for the Northern District of Texas affirming a bankruptcy court's order granting the trustee's objections to their exemptions. In a matter of first impression, the question was: if no formal announcement of a continuation date was made, when was an 11 U.S.C.S. § 341(a) creditors' meeting concluded?
Ruling: 
Creditor's meeting concluded on date to which meeting was continued despite lack of formal written notice.
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Consumer case opionion summary, case decided on June 06,2008, LexisNexis #0708-001

Mazon v. Tardif (In re Mazon)

Appellant debtors challenged an order from a bankruptcy court that recognized and imposed an equitable lien on their Florida condominium (condo) in favor of a judgment creditor and that declared their interest in a cabana associated with the condo to be property of the bankruptcy estate under 11 U.S.C.S. § 541.
Ruling: 
Cabana associated with debtor's condominium was property of the estate and not subject to homestead exemption.
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Consumer case opionion summary, case decided on April 28,2008, LexisNexis #0508-093

In re Parks

The chapter 13 trustee moved for summary dismissal of debtors' case on the ground that debtors did not appear at the first meeting of creditors held pursuant to 11 U.S.C.S. § 341. Debtors' counsel opposed summary dismissal on the ground that he was unaware that a § 341 meeting had been scheduled.
Ruling: 
Case dismissed due to debtors' failure to appear at first meeting of creditors.
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Consumer case opionion summary, case decided on April 04,2008, LexisNexis #0508-037

In re Parks

The chapter 13 trustee moved for summary dismissal of debtors' case on the ground that debtors did not appear at the first meeting of creditors held pursuant to 11 U.S.C.S. § 341. Debtors' counsel opposed summary dismissal on the ground that he was unaware that a § 341 meeting had been scheduled.
Ruling: 
Case dismissed due to debtor's failure to appear at creditor's meeting.
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Consumer case opionion summary, case decided on April 04,2008, LexisNexis #0508-106

In re Brandenburg

Creditor filed a motion to determine that chapter 7 debtor had waived his Fifth Amendment privilege with respect to all matters disclosed in his voluntary petition, statements, and schedules, and to order debtor to answer any and all questions related to those documents at his creditors'meeting held pursuant to 11 U.S.C. § 341, at any examination held pursuant to Fed. R. Bankr. P. 2004, and /or at any other proceeding in the case.
Ruling: 
By filing schedules debtor waived Fifth Amendment privalege with regard to matters raised by the contents of the schedules.
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