- 11 U.S.C.
Perez, In re
Mar
17
2022
Ruling
Court erred in finding that the shared responsibility payment for failing to obtain healthinsurance was not a tax measured by income as the SRP was calculated as a percentage ofhousehold income. (Bankr. S.D. Fla.)
Issue(s)
Debtor's Duties; Required Acts; Surrender of Property and Recorded Information to
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:
- 11 U.S.C.
Weiss, In re
Mar
15
2022
Ruling
Debtor's claimed exemption in survivorship property denied. (Bankr. D.N.J.)
Issue(s)
Debtor's Duties; Required Acts; Surrender of Property and Recorded Information to
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:
Judge or Jurisdiction information not available
- 11 U.S.C.
Stewart, In re
Jul
31
2020
Ruling
Trustee was entitled to enforcement of turnover where missing insurance proceeds weredeposited in the same account on which cashier's checks converted to cash were drawn. (Bankr.E.D. Ark.)
Issue(s)
Debtor's Duties; Required Acts; Surrender of Property and Recorded Information to
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Court
:
- 11 U.S.C.
Mastro, In re--Rigby v. Mastro
Jun
05
2018
Ruling
Court held that bankruptcy court had authority to compel a debtor to sign a consent directive in furtherance of debtor's obligation to provide recorded information to trustee. (B.A.P. 9th Cir.)
Issue(s)
Debtor's Duties; Required Acts; Surrender of Property and Recorded Information to Trustee.
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Judge or Jurisdiction information not available
- 11 U.S.C.
Samson v. Franz (In re Franz)
Oct
17
2016
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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:
- 11 U.S.C.
In re Hoyle
Jun
28
2013
Ruling
Debtor in converted chapter 7 case not entitled to exemption in preconversion earnings by chapter 11 debtor in possession.
Procedural posture
After a bankruptcy debtor's case was converted from chapter 11 to chapter 7, the debtor claimed an exemption in a portion of amounts in accounts of the debtor as a debtor-in- possession (DIP) prior to conversion as earnings for the debtor's personal services. The bankruptcy trustee objected to the exemption.
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Court
:
- 11 U.S.C.
In re Studstill
Dec
13
2011
Ruling
Tax refund held by debtor as cash on petition date was subject to turnover.
Procedural posture
A chapter 7 debtor sought to exempt the portion of a tax refund held as cash at the time she filed her bankruptcy petition under S. 12, 2011 Reg. Sess. (Kan. 2011), to be codified at K.S.A. 60-2315 (Senate Bill No. 12). The Trustee filed a motion for turnover and objected to the Amended Schedule C which listed that cash as exempt.
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:
- 11 U.S.C.
In re Spina
Sep
24
2009
Ruling
Tax refund was to be divided equally between debtor and non-debtor spouse with debtor's non-exempt portion turned over to estate.
Procedural posture
Trustee filed a motion to turnover property under 11 U.S.C.S. § 521(a)(4) with respect to the pre-petition federal and state income taxes paid by the debtor and his non-debtor spouse, contending that $ 5,636 was the nonexempt portion of tax refunds. Debtor contended that the total amount to be turned over would be $ 1,568 due to the portion designated for the non-debtor spouse.
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:
- 11 U.S.C.
Nisselson v. Fasarakis (In re Fasarakis)
Feb
03
2009
Ruling
Portions of tax refunds relating to earned income tax credit and child tax credits were property of the estate and not exempt.
Procedural posture
Chapter 7 trustee sought summary judgment on claims for turnover of defendant debtor's 2008 federal and state income tax refunds as estate property per 11 U.S.C.S. § 521(a)(4) and 11 U.S.C.S. § 542(a). Issues included whether portions of the tax refunds attributable to earned income credits (EICs) and child tax credits (CTCs) were not property of the estate or were exempt public assistance benefits per N.Y. Debt. & Cred. Law § 282.
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:
- 11 U.S.C.
In re Borowie
Nov
05
2008
Ruling
Trustee could recover value of debtor's prepetition check that cleared postpetition.
Procedural posture
The chapter 7 trustee sought to compel the debtor to turnover the value of funds which the debtor had on deposit in his checking account at the moment of his bankruptcy filing. The central issue was whether a post-petition disposition of assets in good faith would absolve the debtor of the duty to surrender property as required under 11 U.S.C.S. § 521(a)(4).
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Court
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