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§ 541(a)(5)

In re Rogove

Sep
17
2010
Ruling
Neither prepetition nor postpetition distributions from inter vivos trust were property of the estate.
Procedural posture

Chapter 7 trustee filed an application for turnover pursuant to 11 U.S.C.S. § 542(a), requesting turnover of funds received by the debtor as distributions from a trust.

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Consumer opinion summary, case decided on September 17, 2010 , LexisNexis #1010-118
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Williamson v. Hall (In re Hall)

Dec
04
2009
Ruling
Property obtained by debtor spouse following father's postpetition death was properly held not to be property of the estate.
Procedural posture

Plaintiff trustee appealed from an order of the bankruptcy court for the District of Kansas, arguing that court erred in determining that the debtors could each elect to exempt as a homestead a residence occupied by the family of one debtor but not by him personally on the date of filing; and that bank accounts on which the other debtor was a named beneficiary on the death of her father was not property of the bankruptcy estate.

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Court :
Judge or Jurisdiction information not available
Consumer opinion summary, case decided on December 04, 2009 , LexisNexis #0110-020
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In re Steele

Apr
17
2008
Ruling
Voluntary dismissal to allow debtor beneficiary to settle with creditors using proceeds of decedents estate denied.
Procedural posture

A debtor filed a motion to dismiss a chapter 7 bankruptcy case. The trustee objected to the motion.

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Consumer opinion summary, case decided on April 17, 2008 , LexisNexis #0608-012
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Burdick v. OLeary (In re OLeary)

Jun
18
2007
Ruling
Estate did not have interest in property acquired pursuant to divorce decree that was not entered within 180 days of petition date.
Procedural posture

Plaintiff chapter 7 trustee filed an adversary proceeding against defendant debtor seeking to avoid an alleged transfer as fraudulent. The debtor moved to dismiss. At issue was whether the debtor's bankruptcy estate included an interest in property owned by his wife whom he sued for divorce less than 180 days after the filing of his bankruptcy petition.

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opinion summary, case decided on June 18, 2007 , LexisNexis #0707-099
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In re Solma

Apr
24
2007
Ruling
Debtor's benefits under late mother's 401(k) plan and life insurance policies were property of the estate.
Procedural posture

The trustee filed a motion for turnover of money that the debtor received from his late mother's 401(k) plan. The debtor objected that the money was not property of the bankruptcy estate, pursuant to 11 U.S.C. § 541(a)(5).

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opinion summary, case decided on April 24, 2007 , LexisNexis #0607-093
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