§ 542(a)

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.
ABI Membership is required to access the full summary of Myler v. Giannini (In re Alley). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on December 02,2010, LexisNexis #0111-016

In re Machine Maintenance Specialists Inc.

A United States Trustee (UST) filed a motion for an order compelling attorneys who acted as a debtor's chapter 11 bankruptcy counsel before his case was converted to chapter 7 to turn over property of the estate, their retainer, pursuant to 11 U.S.C.S. § 542(a). One of the attorneys filed a motion for approval of employment of counsel for debtor nunc pro tunc due to extraordinary circumstances.
Ruling: 
Debtors' attorneys who never filed application for approval to represent debtor ordered to turn over retainer.
ABI Membership is required to access the full summary of In re Machine Maintenance Specialists Inc.. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Commercial case opionion summary, case decided on November 16,2010, LexisNexis #0111-058

Weinman v. Graves (In re Graves)

Pursuant to 11 U.S.C.S. § 542(a), appellant bankruptcy trustee filed a motion for turnover of appellee debtors' tax refund for a particular tax year. A Tenth Circuit Bankruptcy Appellate Panel denied the motion, finding that the debtors' interest in the tax refund, which was irrevocably applied prepetition to the debtors' taxes for the next tax year, was not subject to turnover under § 542(a). The trustee challenged the judgment.
Ruling: 
Only portion of tax refund attributed to prepetition earnings and reverting to debtors after application to next year's taxes was subject to turnover.
ABI Membership is required to access the full summary of Weinman v. Graves (In re Graves). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on June 29,2010, LexisNexis #0910-052

In re Fleming

The trustee filed a motion under 11 U.S.C.S. § 542 to recover from debtor tax refunds and other amounts that had become the estate's property upon the commencement of their chapter 7 case.
Ruling: 
Three-year delay barred trustee from seeking turnover of tax refund for which no return was filed.
ABI Membership is required to access the full summary of In re Fleming. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on February 19,2010, LexisNexis #0510-032

In re Diaz

Before the court was debtor's Motion to Redeem Repossessed Automobile through chapter 13 Plan and Compel Turnover of Automobile (Motion for Turnover). Respondent creditor filed a response.
Ruling: 
Motor vehicle repossessed prior to petition date was not subject to turnover.
ABI Membership is required to access the full summary of In re Diaz. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on October 15,2009, LexisNexis #1209-017

Gordon v. Kinney (In re Gallagher)

Plaintiff bankruptcy trustee brought an adversary proceeding against defendant transferee of a diamond ring from a bankruptcy debtor, seeking turnover of the ring or the value of the ring as property of the debtor's bankruptcy estate pursuant to 11 U.S.C.S. § 542(a).
Ruling: 
Return of diamond ring by debtor at conclusion of relationship was not shown to be an avoidable fraudulent transfer.
ABI Membership is required to access the full summary of Gordon v. Kinney (In re Gallagher). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on September 30,2009, LexisNexis #1009-125

In re Welch

A debtor filed a motion for contempt against a creditor for an alleged violation of the automatic stay pursuant to 11 U.S.C.S. § 362 following the creditor's repossession of a vehicle purchased under an installment contract.
Ruling: 
Creditor's continued possession of vehicle that was repossessed prior to petition date was not a stay violation absent adequate protection.
ABI Membership is required to access the full summary of In re Welch. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on March 13,2009, LexisNexis #0509-017

Bohm v. Cantor (In re Cantor)

Plaintiff, the chapter 7 trustee, brought an adversary action pursuant to 11 U.S.C.S. § 542(a) against defendant debtor and her non-debtor former spouse, seeking an order directing them to turn over their interests in the residence in which the debtor and her children resided. The debtor opposed the turnover, and claimed an exemption, presently valued at $1.00 in the residence.
Ruling: 
Debtor could claim exemption in residence purchased for debtor by former spouse as part of property settlement.
ABI Membership is required to access the full summary of Bohm v. Cantor (In re Cantor). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on June 25,2008, LexisNexis #0708-121

Spradlin v. Breeding (In re Breeding)

Plaintiff trustee filed an adversary proceeding against defendant ex-wife under 11 U.S.C.S. § 542(a) for turnover to the debtor's bankruptcy estate of the post-petition settlement of a personal injury claim that was transferred from a joint checking account to the ex-wife. The ex-wife filed a third-party complaint against third-party defendant debtor for the amount of the transferred funds.
Ruling: 
Postpetition proceeds of personal injury settlement were property of the estate and portion transferred to debtor's former spouse was subject to turnover order.
ABI Membership is required to access the full summary of Spradlin v. Breeding (In re Breeding). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on May 02,2008, LexisNexis #0608-079

Mason v. Crosby (In re Mason)

Plaintiff chapter 7 Trustee filed an adversary proceeding against defendants, including an attorney, seeking turnover of estate assets under 11 U.S.C.S. § 542 and § 543. The Trustee sought the proceeds of a bail bond that were paid to the attorney who represented the debtor in a criminal case. The Trustee sought judgment on stipulated facts. The court treated the matter as a motion for judgment on the pleadings under Fed. R. Civ. P. 12(c).
Ruling: 
Bail bond deposit assigned by debtor to attorney before peitition date was not property of the estate.
ABI Membership is required to access the full summary of Mason v. Crosby (In re Mason). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on April 30,2008, LexisNexis #0608-013

Pages

Subscribe to § 542(a)