- 11 U.S.C.
Neubert, In re
Nov
25
2020
Ruling
Where state law dictated that money was distributed from debtor's mother's IRA upon herdeath was pursuant to contract, not by testamentary disposition, it was not property of theestate. (Bankr. E.D. Mich.)
Issue(s)
Property of the Estate; Creation and Composition of the Estate; Interests in Certain
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:
- 11 U.S.C.
In re Phares
Jun
28
2016
Ruling
Postpetition divorce action did not create any new property right in marital assets in which debtor could claim an exemption.
Issue(s)
Could debtor claim exemptions in spouse’s separately titled property following postpetition divorce filing?
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:
- 11 U.S.C.
In re Walz
Mar
15
2016
Ruling
Interest in house acquired les than 180 days after petition date was property of the estate and qualified as a homestead in which debtor could clam an exemption.
Issue(s)
Was debtor entitled to a homestead exemption on property she resided in but did not own on the petition date?
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:
- 11 U.S.C.
Cage v. Smith (In re Smith)
Aug
04
2014
Ruling
Proceeds from postpetition sale of homestead not reinvested as required by state statute were property of the estate.
Issue(s)
Whether the Fifth Circuit's recent holding in the chapter 13 case of Viegelahn v. Frost (In re Frost), that a debtor's failure to timely reinvest proceeds of sale of homestead in a new homestead as required by state law became nonexempt property by operation of law, applies in Chapter 7 cases?
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:
- 11 U.S.C.
In re Hodge
Mar
14
2014
Ruling
Proceeds of prepetition life insurance policy on life of debtor's father were property of the estate.
Issue(s)
Was trustee entitled to turnover of postpetition proceeds of life insurance policy on the life of debtor's father, which debtor used to pay for the father's funeral?
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Court
:
- 11 U.S.C.
Wallace v. Crawford (In re Meyers)
Nov
14
2012
Ruling
Life insurance proceeds were property of deceased debtor's spouse's bankruptcy estate.
Procedural posture
The purported beneficiary of a $2,000,000 term life insurance policy sought the proceeds thereof following the death of the named insured. The chapter 7 trustee for the bankruptcy estate of decedent's spouse argued that the chapter 7 estate was the proper beneficiary of the policy, because the right to name the beneficiary had belonged to decedent's prior chapter 7 estate.
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:
- 11 U.S.C.
In re Infante Ramon
Apr
17
2012
Ruling
Debtor did not need to claim exemption in postpetition settlement proceeds which were not property of the estate.
Procedural posture
There were two interrelated matters pending before the court. The first was the chapter 7 trustee's objection to debtor's claim of exemptions and debtor's opposition thereto. The second was debtor's opposition to the "trustee's sine die continuance and request to deem § 341 meeting closed." The motion to deem the 11 U.S.C.S. § 341 meeting closed stood unopposed.
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:
- 11 U.S.C.
In re Gasztold
Oct
25
2011
Ruling
Payment to joint debtor spouse of one-half interest in residence in exchange for quitclaim as part of postpetition divorce was not property of the estate.
Procedural posture
The Chapter 7 Trustee moved to compel filing of a supplemental schedule with respect to property of the estate.
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:
- 11 U.S.C.
In re Weiser
Apr
29
2011
Ruling
Distribution from inter vivos spendthrift trust was not property of the estate.
Procedural posture
The Chapter 7 trustee sought turnover of any distribution to which the debtor was entitled under a trust. The trustee argued that the anticipated distribution was a "bequest, device or inheritance" under 11 U.S.C.S. § 541(a)(5)(A) and thus was property of the estate.
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Court
:
- 11 U.S.C.
Bakst v. Miller (In re Miller)
Nov
12
2010
Ruling
Debtor widower's elective share in deceased spouse's estate was not property of the estate where election was not made until after discharge.
Procedural posture
After trustee filed an adversary complaint to determine the validity, priority and interest of defendant debtor, a widower, in his elective share in his deceased wife's estate, the parties cross-moved for summary judgment on the issue of whether debtor's interest in the elective share was property of the chapter 7 estate under 11 U.S.C.S. § 541.
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