Rachel, In re--Browner v. Rachel
Jun
03
2024
Ruling
Debtor's former spouse was entitled to prevail as a constructive trust was impressed upon theshare of equity in real property awarded to the former spouse, such that the property did notbecome part of the debtor's bankruptcy estate. (Bankr. S.D. Ohio)
Issue(s)
Property of the Estate; Estate Acquires Same Interest Held by Debtor.
ABI Membership is required to access the full summary of Rachel, In re--Browner v. Rachel Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
Genesis Global Holdco, LLC v. Genesis Global Capital, LLC
Feb
07
2024
Ruling
Creditor did not have a security interest in bitcoin trust shares held by debtor that wereproperty of the estate and never transferred or pledged to creditor. (Bankr. S.D.N.Y.)
Issue(s)
Property of the Estate; Estate Acquires Same Interest Held by Debtor.
ABI Membership is required to access the full summary of Genesis Global Holdco, LLC v. Genesis Global Capital, LLC Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
Olson, In re--Kurtz v. Olson
Jun
02
2023
Ruling
Debtor's bare legal interest in property post-divorce was excluded from property of the estate. (Bankr. D. Idaho)
Issue(s)
Property of the Estate; Estate Acquires Same Interest Held by Debtor.
ABI Membership is required to access the full summary of Olson, In re--Kurtz v. Olson Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
Specialty's Café & Bakery, Inc., In re--Brady v. United States, SBA
Feb
02
2022
Ruling
Proceeds of Paycheck Protection Program loan that was rescinded by debtor were subject to aresulting trust and not property of the estate. (Bankr. N.D. Cal.)
Issue(s)
Property of the Estate; Estate Acquires Same Interest Held by Debtor.
ABI Membership is required to access the full summary of Specialty's Café & Bakery, Inc., In re--Brady v. United States, SBA Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
Short, In re--Miller v. Short
Feb
16
2021
Ruling
Trustee could recognize a constructive trust on property held in the name of non-debtorspouse if imposed under state law prior to petition date. (Bankr. E.D. Mich.)
Issue(s)
Property of the Estate; Estate Acquires Same Interest Held by Debtor.
ABI Membership is required to access the full summary of Short, In re--Miller v. Short Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
LaForce, In re
Sep
06
2017
Ruling
Spouse's equitable interest in marital property was not property of debtor's bankruptcy estate as the marital property was held in constructive trust for the spouse's benefit. (Bankr. S.D. Ala.)
Issue(s)
Property of the Estate; Estate Acquires Same Interest Held by Debtor.
ABI Membership is required to access the full summary of LaForce, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
In re Christakos
Jun
20
2016
Ruling
Postpetition child support payments were not property of the estate.
Issue(s)
Is postpetition child support property of the estate?
ABI Membership is required to access the full summary of In re Christakos Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
Rhodes v. Florida Metal Trading Inc. (In re Hayes Iron & Metal Inc.)
May
22
2014
Ruling
Section 541(d) did not trump trustee's rights and powers.
Issue(s)
Were trustee's powers superior to any resulting trust, constructive trust or equitable lien established by creditor?
ABI Membership is required to access the full summary of Rhodes v. Florida Metal Trading Inc. (In re Hayes Iron & Metal Inc.) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
In re Sanchez-Villalba
Feb
23
2012
Ruling
Plan ordered amended to include one quarter equity interest in property held by debtor.
Procedural posture
This cause came before the court for hearing upon the trustee's objection to confirmation of debtor's plan, based on the assertion that debtor owned 1/4 of certain real properties and therefore the value of 1/4 of the properties should be included in debtor's estate under 11 U.S.C.S. § 541.
ABI Membership is required to access the full summary of In re Sanchez-Villalba Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
In re Herlan
Jan
06
2010
Ruling
Debtor real estate agent ordered to turn over vacation home management contracts to resort.
Procedural posture
Movant principal sought an immediate turnover of vacation home management contracts that were in the possession of a chapter 11 debtor under 11 U.S.C.S. § 541(d) on the grounds that the principal was the equitable owner of those contracts. The court granted the oral motion of the principal to add a realty company as a moving party in its motion for turnover.
ABI Membership is required to access the full summary of In re Herlan Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
: