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§ 521

Marek, In re

Ruling
Debtor ordered to only turnover tax returns that were within the 3-year period prior to thecommencement of the case as the Department of Revenue failed to establish good cause.(Bankr. D. Mont.)
Issue(s)
Debtor’s Duties; Additional Filings Upon Request; Late Tax Returns.

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Consumer opinion summary, case decided on August 02, 2017 , LexisNexis #0917-008

Gregory, In re

Ruling
Debtor was not required to surrender property to a creditor where debtor's expression ofintention was mere relinquishment and not surrendering the property. (Bankr. W.D. Mo.)
Issue(s)
Debtor's Duties; Required Acts; Where Individual Debtor’s Debt is Secured by Property of the Estate; Statement of Intention.

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Consumer opinion summary, case decided on June 14, 2017 , LexisNexis #0717-068

Thompson, In re

Ruling
Debtor's motion to reopen bankruptcy case was not warranted as their motion to compel lacked merit. (Bankr. D. Or.)
Issue(s)
Debtor’s Duties.

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Consumer opinion summary, case decided on February 08, 2017 , LexisNexis #0317-034

Rupp v. Auld (In re Auld)

Ruling
Bankruptcy court's Order denying the trustee's motion for turnover reversed as debtor failedto oppose trustee's requests. (B.A.P. 10th Cir.)
Issue(s)
Debtor's Duties; Required Acts; Cooperation with Trustee.

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Court :
Judge or Jurisdiction information not available
Consumer opinion summary, case decided on January 03, 2017 , LexisNexis #0217-005

Samson v. Franz (In re Franz)

Ruling
Funds derived from debtor’s mother’s estate following conversion to chapter 7 were propertyof the estate, should have been surrendered and were subject to turnover. (Bankr. D. Mont.)
Issue(s)
Debtor's Duties; Required Acts; Surrender of Property and Recorded Information to Trustee.

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Consumer opinion summary, case decided on October 17, 2016 , LexisNexis #1116-042

Failla v. Citibank, N.A. (In re Failla)

Ruling
Debtors who chose to surrender property could not oppose foreclosure. (11th Cir.)
Issue(s)
Whether a person who agrees to "surrender" his house in bankruptcy may oppose a foreclosure action in state court

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:
Judge or Jurisdiction information not available
Consumer opinion summary, case decided on October 04, 2016 , LexisNexis #1016-112

In re Woide

Ruling
Case reopened to allow creditor to seek to compel surrender of property. (Bankr. M.D. Fla.)
Issue(s)
Debtor's Duties; Required Acts; Where Individual Debtor’s Debt is Secured by

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Consumer opinion summary, case decided on June 21, 2016 , LexisNexis #1216-007

In re Elowitz

Ruling
Debtors were ordered to surrender property to the owner of note and mortgage.
Issue(s)
Should debtors be compelled to turn over real property in accordance with a stipulation?

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Consumer opinion summary, case decided on May 17, 2016 , LexisNexis #0616-114

Miller v. Mathis (In re Mathis)

Ruling
There is no private right of action against a debtor for breach of statutory duties under §521.
Issue(s)
Whether a chapter 7 trustee may bring a cause of action against a debtor for damages caused to the bankruptcy estate by the debtor's failure to comply with the debtor's duties under § 521(a)(1), (3) and (4)?

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Consumer opinion summary, case decided on April 18, 2016 , LexisNexis #0516-046

In re Foster

Ruling
Bankruptcy court would not order turnover of collateral to creditor where proper remedy was relief from stay.
Issue(s)
Whether to grant a creditor's motion for an order compelling physical surrender of its collateral.

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Consumer opinion summary, case decided on March 21, 2016 , LexisNexis #0416-049