- 11 U.S.C.
Chartis Specialty Ins. Co. v. Tri-Valley Corp. (In re Tri-Valley Corp.)
Nov
25
2014
Ruling
Funds transferred by debtor' insurer in exchange for release were property of the estate.
Issue(s)
Were insurance proceeds turned over by insurer to the estate in exchange for release property of the estate?
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Court
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- 11 U.S.C.
Wu v. Markosian (In re Markosian)
Mar
12
2014
Ruling
Post-chapter 11 petition earnings reverted to debtor upon conversion to chapter 7 but not sanctions based upon inherent authority.
Issue(s)
Whether an individual debtor's chapter 11 postpetition earnings which are property of the estate under 11 U.S.C.S. § 1115 revert to him or her upon a subsequent conversion to chapter 7.
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Court
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Judge or Jurisdiction information not available
- 11 U.S.C.
In re Cook
Aug
08
2011
Ruling
Postpetition earnings that were really dividends were property of the estate.
Procedural posture
A chapter 7 trustee filed a motion for turnover of property of the estate, and a creditor filed a motion to prohibit use of cash collateral. The trustee argued that the debtor husband's post-petition earnings were actually dividends or distributions from non-exempt ownership interests in several corporations and thus, constituted property of the estate under 11 U.S.C.S. § 541(a)(6). The debtors contended that the monies were wages.
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Court
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- 11 U.S.C.
In re Evenson
Nov
03
2010
Ruling
Trustee could not abandon family farm that was property of the estate and in which equity remained for creditors.
Procedural posture
Debtors filed a petition under chapter 12 and voluntarily converted their case to one under chapter 7. A trustee was appointed to administer the debtor's chapter 7 bankruptcy case, and he filed a motion seeking permission to abandon a farm the debtors owned. An unsecured creditor filed an objection to the trustee's motion.
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Court
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- 11 U.S.C.
In re Lockbaum
Sep
02
2010
Ruling
Post-petition rental payments were property of debtor's estate.
Procedural posture
Debtor filed a petition under chapter 7 of the Bankruptcy Code, and his case was converted to one under chapter 11 of the Code and reconverted to one under chapter 7. The chapter 7 trustee filed a motion for an order compelling the debtor to render an accounting and turn over rent he received on a condominium he owned, and the debtor filed a motion for an order finding that the trustee abandoned his claim to the rent and closing the case.
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Court
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- 11 U.S.C.
In re Amaravathi LP
Aug
04
2009
Ruling
Rents from debtor's properties were property of the estate despite assignment to mortgagee.
Procedural posture
Bankruptcy debtors owned apartment properties which generated rents and the debtors moved for authority to use the rents which were the cash collateral of the debtors' mortgage lender. The lender objected to such use on the ground that the debtors granted the lender an absolute assignment of the rents and thus the rents were not property of the bankruptcy estate.
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Court
:
- 11 U.S.C.
Ridge v. Union Acceptance Corp. (In re Ridge)
Aug
06
2007
Ruling
Creditor's interest in insurance proceeds of vehicle totalled postpetition limited to value of interest in vehicle on petition date.
Procedural posture
Debtors were involved in an accident after confirmation of their chapter 13 plan. The vehicle, in which creditor held a secured claim, was deemed a total loss by the debtors'insurer. The debtors objected to a claim filed by the creditor's assignee. The issue was whether the proceeds from the debtors'insurance policy were property of the estate.
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Court
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- 11 U.S.C.
In re Michener
May
26
2006
Ruling
Employee stock options were property of the estate whether or not exercisable on filing date.
Procedural posture
After debtors filed a chapter 7 bankruptcy petition, movant trustee objected to the debtors'exemptions and moved for an order compelling turnover of property of the debtors'estate pursuant to 11 U.S.C. § 542 and an order declaring employee stock options ("ESOs") to be property of the debtors'estate.
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Court
:
- 11 U.S.C.
In re Beckstead
Apr
26
2006
Ruling
Trustee's objection to debtors'claim of exemption of a real estate commission was overruled since it was earned prepetition under applicable state law.
Procedural posture
Before the court was the chapter 7 trustee's objection to debtors'claim of exemption of a real estate commission.
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Court
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