- 11 U.S.C.
Jones, In re--Jones v. Wells Fargo Bank, N.A.
Aug
30
2017
Ruling
Property was not subject to automatic stay as the foreclosure sale was completed andterminated the debtor's cognizable interests in the property on the day before the bankruptcycase was filed. (Bankr. N.D. Tex.)
Issue(s)
Property of the Estate; Creation and Composition of the Estate; All Legal or Equitable Interests.
ABI Membership is required to access the full summary of Jones, In re--Jones v. Wells Fargo Bank, N.A. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Anderson, In re
Aug
29
2017
Ruling
Court ordered debtor to turnover football season tickets to the trustee to be marketed asmarket fluctuations could cause adverse effects on the bankruptcy estate. (Bankr. N.D. Ind.)
Issue(s)
Property of the Estate; Creation and Composition of the Estate; All Legal or Equitable Interests.
ABI Membership is required to access the full summary of Anderson, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Heskell, In re
Aug
29
2017
Ruling
Property could not be considered as a property of the estate as the debtor failed to redeem theproperty and failed to seek to vacate the judgment of foreclosure under New York RealProperty Tax Law. (Bankr. W.D.N.Y.)
Issue(s)
Property of the Estate; Creation and Composition of the Estate; All Legal or Equitable Interests.
ABI Membership is required to access the full summary of Heskell, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Yuska, In re
Apr
25
2017
Ruling
Debtor could not use garnished prepetition rent as cash collateral as the farmland rents would have been a property of the estate if the case proceeded under chapter 7 from the start. (Bankr. N.D. Iowa)
Issue(s)
Property of the Estate; Creation and Composition of the Estate; All Legal or Equitable Interests.
ABI Membership is required to access the full summary of Yuska, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Acadian Elevator, Inc., In re
Apr
11
2017
Ruling
Majority owner's request for injunctive relief was denied as the relief requested required an adversary proceeding absent a chapter 11 plan to support the relief. (Bankr. W.D. La.)
Issue(s)
Property of the Estate; Creation and Composition of the Estate; All Legal or Equitable Interests.
ABI Membership is required to access the full summary of Acadian Elevator, Inc., In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
In re Exume
Dec
02
2016
Ruling
Nonexempt portion of insurance proceeds and assets bought with the proceeds were propertyof the estate and subject to turnover. (Bankr. M.D. Fla.)
Issue(s)
Property of the Estate; Creation and Composition of the Estate; All Legal or Equitable Interests.
ABI Membership is required to access the full summary of In re Exume Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Burkart v. Brack (In re Brack)
Sep
30
2016
Ruling
Debtor’s right to receive spousal support arrears and proceeds from sale of property wasproperty of the estate and subject to turnover. (Bankr. E.D. Cal.)
Issue(s)
Was debtor’s right to receive support arrears and proceeds of sale of property property of the estate?
ABI Membership is required to access the full summary of Burkart v. Brack (In re Brack) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
In re Anderson
Sep
16
2016
Ruling
Real estate commissions earned by debtor brokers on sales pending at petition date wereproperty of the estate and subject to turnover. (Bankr. D. Idaho)
Issue(s)
Whether debtors should be required to turn over certain real estate commissions they had received to trustee for distribution to creditors
ABI Membership is required to access the full summary of In re Anderson Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Gottlieb v. Fulcrum 5 Inc. (In re KSL Media Inc.)
Jun
21
2016
Ruling
In pari delicto defense could be applied to trustee in preference proceeding.
Issue(s)
Whether to grant trustee's Fed. R. Civ. P. 59(e) motion to reconsider that portion of an order striking from his complaint allegations relating to a preferential payment to defendant.
ABI Membership is required to access the full summary of Gottlieb v. Fulcrum 5 Inc. (In re KSL Media Inc.) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Sikirica v. Harber (In re Harber)
May
31
2016
Ruling
Potential payment in settlement of debtor's personal injury claim was not property of the estate.
Issue(s)
Should trustee's turnover motion be granted?
ABI Membership is required to access the full summary of Sikirica v. Harber (In re Harber) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
: