§ 542(a)

In re Ruhl

The chapter 7 trustee filed a motion to compel turnover of the debtor's income tax refund, pursuant to 11 U.S.C.S. § 542(a). Debtor asserted that half of the refund was property of his non-debtor wife, and that half was not of the bankruptcy estate, under 11 U.S.C.S. § 541(a).
Ruling: 
Debtor's entire tax refund was subject to turnover where non-debtor spouse was not employed.
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Consumer case opionion summary, case decided on July 02,2012, LexisNexis #0712-125

Alfred v. Buttke (In re Buttke)

The matter before the court was trustee's motion for summary judgment regarding a lien claimed by defendant lender. The trustee's motion asked the court to declare that the lender did not have a valid lien on the vehicle and had violated the automatic stay.
Ruling: 
Creditor's failure to turn over vehicle upon gaining actual knowledge of case violated stay.
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Consumer case opionion summary, case decided on February 17,2012, LexisNexis #0312-050

In re Willman

A chapter 7 trustee filed a motion for turnover under Fed. R. Bankr. P. 7001(a) and 9014(a), seeking an order requiring that the debtors turn over their accrued vacation time pursuant to 11 U.S.C.S. § 542(a).
Ruling: 
Debtors ordered to turn over accrued prepetition vacation time.
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Consumer case opionion summary, case decided on February 16,2012, LexisNexis #0312-089

Gugino v. Jones (In re Antonie)

Chapter 7 trustee filed an adversary proceeding against defendant transferee, seeking a determination that he was allowed under 11 U.S.C.S. § 549(a) to avoid the transfer of title to a mobile home which a chapter 7 debtor's mother made while the debtor was in bankruptcy, or an order under 11 U.S.C.S. § 542(a) which required the transferee to deliver title to the mobile home to the trustee. The case was tried to the court.
Ruling: 
Debtor mother's transfer of mobile home that was property of debtor's estate avoided.
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Consumer case opionion summary, case decided on November 28,2011, LexisNexis #1211-123

In re Hinesley Family Ltd. Pship No. 1

Settlement agreements between a bankruptcy debtor and creditors, upon which confirmation of the debtor's plan of reorganization depended, collapsed after the creditors refused to consummate the agreements based on new information concerning property to be sold to the creditors under the agreements. The creditors moved to convert the debtor's bankruptcy case from Chapter 11 to Chapter 7.
Ruling: 
Chapter 11 case converted to chapter 7 after discovery of easement and environmental violations reduced value of property proposed for sale.
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Commercial case opionion summary, case decided on October 12,2011, LexisNexis #1111-094

Jubber v. Ruiz (In re Ruiz)

Trustee sought review of a decision from the U. S. Bankruptcy Court for the District of Utah denying his motion under 11 U.S.C.S. § 542(a) to require appellee debtors to turn over estate assets.
Ruling: 
Funds against which prepetition checks were drawn by debtor and honored by bank after petition date were property of the estate and subject to turnover.
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Consumer case opionion summary, case decided on August 17,2011, LexisNexis #0911-019

In re Fritch

Plaintiff Chapter 7 trustee filed a motion for summary judgment on its claim against defendant debtor for turnover of estate assets pursuant to 11 U.S.C.S. § 542(a). The debtor filed a cross-motion for summary judgment.
Ruling: 
Debtor's interest in prenuptial agreement was property of the estate.
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Consumer case opionion summary, case decided on June 03,2011, LexisNexis #0711-051

In re Henry

Debtor filed a petition under chapter 13 of the Bankruptcy Code, and he asked the court to issue an order under 11 U.S.C.S. § 542(a) that required an automobile dealer to turn over a vehicle he returned to the dealer two days after he declared bankruptcy, and that enjoined the dealer from selling or otherwise disposing of the vehicle. The dealer opposed the debtor's motion.
Ruling: 
Auto dealer ordered to turn over vehicle it ordered debtor to return two days after petition date.
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Consumer case opionion summary, case decided on April 13,2011, LexisNexis #0511-089

DH Northwest LLC v. Carey (In re National Jockey Club)

Plaintiff, in the name of a Chapter 11 debtor, filed a complaint against defendant, who was the president, manager, and a board member of a limited liability company (LLC) formed by the debtor, asserting a claim for turnover of estate property under 11 U.S.C.S. § 542(a) and a claim for breach of fiduciary duty under state law. Defendant filed a motion to dismiss pursuant to Fed. R. Civ. P. 12(b)(6), as incorporated by Fed. R. Bankr. P. 7012.
Ruling: 
Arbitration award breaking tie vote of board of directors resolution was not a judgment that could serve as a basis for turnover of property.
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Commercial case opionion summary, case decided on March 03,2011, LexisNexis #0311-125

Myler v. Giannini (In re Alley)

Plaintiff trustee filed an adversary complaint against defendant landlord, alleging that he damaged inventory that the debtor had left there and also seeking sanctions against the landlord for refusing to allow the trustee access to the inventory. The landlord filed a request for payment of rent to him as an administrative expense under 11 U.S.C.S. § 503(b) for the time that the inventory was stored on his property post-petition.
Ruling: 
Landlord who denied trustee access to debtor's inventory and who damaged the inventory denied administrative expense claim for storage costs.
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Consumer case opionion summary, case decided on December 02,2010, LexisNexis #0111-016

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