§ 542(a)

In re Wolfe

A chapter 7 trustee filed a motion pursuant to 11 U.S.C.S. § 542(a) for turnover of the funds on deposit in the debtors' checking account on the day that they filed their bankruptcy petition. The debtors objected.
Ruling: 
Debtors ordered to turn over funds still in account on petition date due to failure of IRS check drawn on the account to be debited until after petition date.
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Consumer case opionion summary, case decided on April 08,2013, LexisNexis #0513-017

In re Pilate

The chapter 7 trustee filed a motion for summary judgment, Fed. R. Civ. P. 56, seeking a judgment against debtor for the balance of the $30,406 of inheritance funds debtor received and that were property of the estate, but that debtor had not delivered to the trustee.
Ruling: 
Current possession of inheritance funds that were property of the estate was not a prerequisite to recovery by trustee.
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Consumer case opionion summary, case decided on March 06,2013, LexisNexis #0313-118

Stancil v. Bradley Invs. LLC (In re Stancil)

Chapter 11 debtor filed an adversary proceeding against defendants, a note holder, a trustee, an auction company, an LLC that bought property the trustee sold, and a group of investors, seeking damages under 11 U.S.C.S. § 362(k) and an order under 11 U.S.C.S. § 542(a) which required the LLC to turn over the property. The debtor and the LLC filed cross-motions for summary judgment.
Ruling: 
LLC ordered to turn over property bought from trustee of investors group after debtor defaulted on note payments.
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Consumer case opionion summary, case decided on February 25,2013, LexisNexis #0313-091

In re Wamsley

Pursuant to 11 U.S.C.S. § 542(a), a chapter 7 Trustee filed a motion seeking the turnover of a vehicle.
Ruling: 
Trustee entitled to turnover of unscheduled Aston Martin.
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Consumer case opionion summary, case decided on February 19,2013, LexisNexis #0313-050

Newman v. Schwartzer (In re Newman)

Appellant debtor sought review of an order from the United States Bankruptcy Court for the District of Nevada, which granted appellee chapter 7 trustee's motion to compel turnover of the debtor's 2011 tax refund pursuant to 11 U.S.C.S. § 542(a).
Ruling: 
Order for turnover of tax refund affirmed.
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Consumer case opionion summary, case decided on February 04,2013, LexisNexis #0313-092

Sterling v. Southlake Nautilus Health & Raquet Club Inc. (In re Sterling)

Chapter 7 debtor filed an adversary proceeding against defendants, a health and racquet club, a law firm, and an attorney, claiming that defendants violated the injunction that was imposed pursuant to 11 U.S.C.S. § 524(a)(2) by continuing collection activities against her with respect to a pre-petition debt that was discharged in bankruptcy. The law firm and the attorney filed a motion to dismiss.
Ruling: 
Use of adversary proceeding for finding of violation of discharge injunction was improper.
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Consumer case opionion summary, case decided on January 31,2013, LexisNexis #0313-093

In re Zamora

Chapter 13 debtors filed a motion for contempt and sanctions against a homeowner's association for an alleged violation of the automatic stay under 11 U.S.C.S. § 362(a).
Ruling: 
Homeowners' association's postpetition actions to collect postpetition assessments did not violate stay.
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Consumer case opionion summary, case decided on September 28,2012, LexisNexis #1212-041

Rosen v. Hoang (In re Hoang)

Debtor declared chapter 11 bankruptcy in 2005, and after her case was converted to one under chapter 7 of the Bankruptcy Code and a chapter 7 trustee was appointed to administer the case, the trustee sought an order under 11 U.S.C.S. § 542(a) that required the debtor to turn over 48.07 carats in diamonds she allegedly acquired postpetition using estate assets. The court held hearings on the motion and the debtor's objection.
Ruling: 
Debtor ordered to turn over diamonds not disclosed in original schedules.
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Consumer case opionion summary, case decided on September 20,2012, LexisNexis #1012-140

In re Lancaster

A chapter 7 trustee filed a motion to compel the debtors, or in the alternative, to compel the North Carolina Department of Revenue (NCDOR) and the Internal Revenue Service (IRS), to turnover and deliver property to the trustee pursuant to 11 U.S.C.S. § 542(a).
Ruling: 
IRS and state taxing authority were jointly and separately liable with debtor for turnover of debtor's refunds after demand from trustee.
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Consumer case opionion summary, case decided on July 27,2012, LexisNexis #0812-124

Lovald v. Falzerano (In re Falzerano)

Debtor filed for chapter 7 bankruptcy relief. Plaintiff bankruptcy trustee commenced an adversary turnover proceeding under 11 U.S.C.S. § 542(a) against defendants, a probate estate and others, alleging an unjust enrichment claim. The bankruptcy court found that defendants were not unjustly enriched. The Bankruptcy Appellate Panel for the Eighth Circuit (BAP) affirmed on an alternative ground involving the scope of § 542(a). The trustee appealed.
Ruling: 
Trustee's turnover claim based on unjust enrichment properly denied as beyond the scope of §542(a).
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Consumer case opionion summary, case decided on July 23,2012, LexisNexis #0812-053

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