§ 542(a)

Kaufman & Canoles PC v. RAI Funding LLC (In re Brandseed Media Commerce Group LLC)

Chapter 7 trustee filed a motion for summary judgment, seeking a turnover to the estate of funds retained by debtor's prepetition counsel pursuant to 11 U.S.C. § 542(a) and a declaration that counsel had no interest in the funds.
Ruling: 
Debtor's prepetition counsel ordered to turn over funds deducted from debtor's escrow account.
ABI Membership is required to access the full summary of Kaufman & Canoles PC v. RAI Funding LLC (In re Brandseed Media Commerce Group LLC). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

In re Evinger

Chapter 7 trustee filed a motion for turnover of unscheduled assets pursuant to 11 U.S.C. § 542(a) and objected to the claimed exemptions in the unscheduled assets.
Ruling: 
Trustee's motion for turnover of originally unscheduled assets granted due to debtor's delay in making correction.
ABI Membership is required to access the full summary of In re Evinger. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

In re Schoonover

Chapter 7 trustee filed a motion pursuant to 11 U.S.C. § 542(a) for turnover of funds in the amount of the balances in debtors'bank accounts on the date they filed their bankruptcy petition.
Ruling: 
Court ordered debtors to turnover full amount in bank accounts on petition date, including amounts drawn on outstanding checks postpetition.
ABI Membership is required to access the full summary of In re Schoonover. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Clark v. Flippin

Appellant bankruptcy trustee challenged the decision of the bankruptcy court, which denied his motion for turnover of the non-exempt equity in the debtor's dower interest in certain real property.
Ruling: 
Bankruptcy court properly held that nontransferrable dower interest was not subject to turnover.
ABI Membership is required to access the full summary of Clark v. Flippin. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Pyatt v. Brown

Appellee chapter 7 trustee filed a motion seeking to require appellant chapter 7 debtor to turn over assets in a bank account pursuant to 11 U.S.C. § 542(a), which assets covered checks that the debtor wrote prepetition, but which checks were cashed postpetition. The debtor appealed after the Bankruptcy Court for the Eastern District of Missouri granted the trustee's motion.
Ruling: 
Funds drawn on by prepetition checks cashed postpetition would properly recovered from payees not by turnover by debtor.
ABI Membership is required to access the full summary of Pyatt v. Brown. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Pages

Subscribe to § 542(a)