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§ 541(a)(7)

Simply Essentials, LLC, In re--Pitman Farms v. ARKK Food Co., LLC

Aug
21
2023
Ruling
Judgment affirmed as avoidance actions clearly qualified as property of the estate. (8th Cir.)
Issue(s)
Property of the Estate; Creation and Composition of the Estate; Property Acquired by

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Judge or Jurisdiction information not available
Commercial opinion summary, case decided on August 21, 2023 , LexisNexis #1023-038
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CM Resort, LLC, In re

Aug
31
2021
Ruling
Trust successfully established cause for Chapter 11 trustee's immediate return to the trust oftrust funds transferred by a co-trustee of the trust who lacked authority to make the transfer.(Bankr. N.D. Tex.)
Issue(s)
Property of the Estate; Creation and Composition of the Estate; Property Acquired by

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Commercial opinion summary, case decided on August 31, 2021 , LexisNexis #1021-064
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Migell, In re

Nov
28
2018
Ruling
Right to possession of property by tenant terminated where tenant received adequate notice of the proceedings and due process and had waived any claim to a possessory right to the property. (Bankr. M.D. Fla.)
Issue(s)
Property of the Estate; Creation and Composition of the Estate; Property Acquired by the Estate Post-petition.

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Consumer opinion summary, case decided on November 28, 2018 , LexisNexis #0119-042
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MacKenzie v. Neidorf (In re Neidorf)

Jul
10
2015
Ruling
Postpetition payment pursuant to national settlement relating to debtor's foreclosed property was not property of the estate.
Issue(s)
Was postpetition payment to debtor pursuant to a national settlement between banking regulators and certain financial institutions, including the bank that foreclosed on debtor's property, required to be turned over as property of the estate?

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Court :
Judge or Jurisdiction information not available
Consumer opinion summary, case decided on July 10, 2015 , LexisNexis #0815-019
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Rogers v. Freeman (In re Freeman)

Mar
06
2015
Ruling
Severance and bonus income both vested in debtor on confirmation of chapter 11 plan and did not revest with the estate upon conversion to chapter 7.
Issue(s)
Did severance and bonus income, which became debtor's property after chapter 11 plan confirmation, revest in the bankruptcy estate upon conversion to chapter 7?

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Consumer opinion summary, case decided on March 06, 2015 , LexisNexis #0515-055
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In re Johnson

Dec
05
2007
Ruling
Real estate escrow deposit money was property of the estate upon breach by buyer.
Procedural posture

A chapter 7 trustee sought an order directing the turnover of a real estate escrow deposit pursuant to 11 U.S.C. § 542(a). The trustee contended that the prospective buyer was in breach of contract and that the earnest money was therefore the property of the bankruptcy estate under 11 U.S.C. § 541(a)(7).

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Consumer opinion summary, case decided on December 05, 2007 , LexisNexis #0108-046
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Wallach v. Brosnahan (In re Brosnahan)

Oct
05
2007
Ruling
Claim based on misconduct of debtor's attorney would properly belong to estate and could not be brought by individual debtor.
Procedural posture

Plaintiff in Intervention, a judgment creditor, asserted that defendant in intervention, a chapter 7 debtor's attorney, participated in various forms of deceit and collusion. The creditor based his claim for damages on N.Y. Jud. Ct. Acts Law § 487, and the attorney sought to dismiss the complaint for failure to state a cause of action.

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Consumer opinion summary, case decided on October 05, 2007 , LexisNexis #1107-029
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In re Robotic Vision Sys.

May
26
2006
Ruling
Contested matters were converted to adversary proceedings with chapter 7 trustee as plaintiff since claims of fraud by chapter 11 professionals were estate property.
Procedural posture

Creditor filed objections to the applications filed by professionals for chapter 7 debtors, which sought final approval of fees and expenses for services rendered to debtors prior to when the court converted debtors'cases from chapter 11 to chapter 7.

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opinion summary, case decided on May 26, 2006 , LexisNexis #0706-024
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