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§ 541

Clewis, In re-- Byman v. Dan Invs., LLC

Ruling
Property that was the subject of a post-petition transfer was property of the estate and could be recovered by trustee. (Bankr. S.D. Tex.)
Issue(s)
Property of the Estate; Creation and Composition of the Estate; All Legal or Equitable Interests.

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Consumer opinion summary, case decided on August 29, 2024 , LexisNexis #1124-035

Seidling, In re--Block v. Seidling

Ruling
Agreement that did not identify a grantor or settlor was not reliable evidence of the creation or existence of an identifiable and valid trust. (Bankr. W.D. Wis.)
Issue(s)
Property of the Estate; Creation and Composition of the Estate.

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Consumer opinion summary, case decided on August 23, 2024 , LexisNexis #1124-013

Whittaker, Clark, & Daniels, In re--Whittaker, Clark & Daniels, Inc. v. Brenntag AG

Ruling
Successor liability tort claims by third parties against non-debtors relating to asbestosexposure were property of the estate and not personal to individual creditors. (Bankr. D.N.J.)
Issue(s)
Property of the Estate; Creation and Composition of the Estate.

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:
Judge or Jurisdiction information not available
Consumer opinion summary, case decided on August 13, 2024 , LexisNexis #1024-058

Coffer, In re

Ruling
Court ruled commercial real estate was not part of debtor's bankruptcy estate as debtor'sinterest was limited to LLC membership and not LLC's assets, despite LLC dissolution. (Bankr.E.D. Mo.)
Issue(s)
Property of the Estate.

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Consumer opinion summary, case decided on July 17, 2024 , LexisNexis #0924-038

Gwg Holdings, In re

Ruling
Court reserved ruling on whether insurance proceeds in escrow are property of bankruptcyestate given debtor's potential interest if claims exceed policy limits. (Bankr. S.D. Tex.)
Issue(s)
Property of the Estate; Creation and Composition of the Estate.

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Commercial opinion summary, case decided on July 15, 2024 , LexisNexis #0924-039

Rachel, In re--Browner v. Rachel

Ruling
Debtor's former spouse was entitled to prevail as a constructive trust was impressed upon theshare of equity in real property awarded to the former spouse, such that the property did notbecome part of the debtor's bankruptcy estate. (Bankr. S.D. Ohio)
Issue(s)
Property of the Estate; Estate Acquires Same Interest Held by Debtor.

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Consumer opinion summary, case decided on June 03, 2024 , LexisNexis #0824-016

Bercy v. City of Phoenix

Ruling
Employment discrimination claim against city belonged to bankruptcy estate as damagesstemmed from pre-petition incidents, denying debtor standing to pursue claim. (9th Cir.)
Issue(s)
Property of the Estate; Creation and Composition of the Estate; All Legal or Equitable

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Judge or Jurisdiction information not available
Consumer opinion summary, case decided on May 30, 2024 , LexisNexis #0824-015

Daileader v. Certain Underwriters at Lloyds London Syndicate 1861

Ruling
District court did not abuse its discretion by denying appellant's motion for preliminaryinjunction to force appellee insurers to pay for his defense costs due to application ofbankruptcy/insolvency exclusion. (2d Cir.)
Issue(s)
Property of the Estate; Restrictions Voided; Effect of Composition on Agreements.

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Judge or Jurisdiction information not available
Consumer opinion summary, case decided on March 18, 2024 , LexisNexis #0624-011

Genesis Global Holdco, LLC v. Genesis Global Capital, LLC

Ruling
Creditor did not have a security interest in bitcoin trust shares held by debtor that wereproperty of the estate and never transferred or pledged to creditor. (Bankr. S.D.N.Y.)
Issue(s)
Property of the Estate; Estate Acquires Same Interest Held by Debtor.

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Commercial opinion summary, case decided on February 07, 2024 , LexisNexis #0324-087

NRAD Med. Assocs., P.C., In re--Kim v. NRAD Med. Assocs., P.C.

Ruling
Court found that proceeds of insurance policies in which debtor had a prepetition interestwere property of the estate. (Bankr. E.D.N.Y.)
Issue(s)
Property of the Estate; Creation and Composition of the Estate.

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Commercial opinion summary, case decided on January 26, 2024 , LexisNexis #0324-045