Skip to main content

§ 541(a)(5)(A)

In re Walz

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?

ABI Membership is required to access the full summary of In re Walz Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on March 15, 2016 , LexisNexis #0416-055

In re Weiser

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.

ABI Membership is required to access the full summary of In re Weiser Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on April 29, 2011 , LexisNexis #0511-121

In re Rogove

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.

ABI Membership is required to access the full summary of In re Rogove Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on September 17, 2010 , LexisNexis #1010-118

In re Steele

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.

ABI Membership is required to access the full summary of In re Steele Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on April 17, 2008 , LexisNexis #0608-012