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§ 543(a)

Brantley Land & Timber Co. LLC v. Gebhardt (In re Brantley Land & Timber Co. LLC)

Ruling
Debtor's application to continue employment of prepetition receiver, who was an insider of debtor, denied.
Issue(s)
Could debtor's prepetition receiver continue in that role postpetition?

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Commercial opinion summary, case decided on September 18, 2015 , LexisNexis #1115-020

In re Picacho Hills Util. Co.

Ruling
Receiver for debtor utility excused from turnover in best interests of creditors.
Procedural posture

In this contested matter, a state court receiver (Receiver) filed a Motion to Excuse Compliance with 11 U.S.C.S. § 543(a), a Motion to Dismiss for Bad Faith Filing, and a Motion to Abstain Pursuant to 11 U.S.C.S. § 305. Debtor opposed the motions.

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Commercial opinion summary, case decided on April 26, 2013 , LexisNexis #0513-086

Walsh v. Bracken (In re Davitch)

Ruling
Trustee was allowed to recover, on behalf of the debtor's estate, the full amount of distributions made by the debtor's sister from the father's estate after the sister knew of the debtor's filing, and the debtor's discharge was vacated.
Procedural posture

Movant, a trustee in a chapter 7 bankruptcy proceeding, filed an action against respondent, the debtor's sister, claiming that the sister was aware of a pending bankruptcy and nonetheless distributed funds to the debtor that belonged to the estate. The trustee sought reimbursement of the funds for the estate and sought to hold the sister in contempt. The trustee also sought to vacate the debtor's discharge in bankruptcy.

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opinion summary, case decided on January 18, 2006 , LexisNexis #0306-023