- 11 U.S.C.
Morgan, In re
May
03
2019
Ruling
Trustee's motion for sale of estate property granted where debtors had no apparent ability tosatisfy the claims of their creditors through any other means. (Bankr. N.D. Ga.)
Issue(s)
Duties of Trustee; Included Duties; Collect and Reduce to Money Property of the
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Court
:
- 11 U.S.C.
Schneider, In re--Womack v. Schneider
Nov
07
2017
Ruling
Court dismissed the counterclaim against the trustee as the trustee was entitled to quasi judicial immunity having been engaged in the exercise of his statutory authority. (Bankr. D. Mont.)
Issue(s)
Duties of Trustee; Included Duties; Collect and Reduce to Money Property of the Estate.
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:
Casey v. Gioioso (In re Sylvia)
Aug
18
2016
Ruling
Trustee’s adversary proceeding concerning powers, rights and obligations attendant to a realestate interest dismissed. (Bankr. D. Mass.)
Issue(s)
Should trustee’s adversary proceeding seeking a declaratory judgment against concerning the powers, rights and obligations of the trustee with respect to the 25 percent membership interest owned by the debtor be dismissed?
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Court
:
- 11 U.S.C.
In re Hunt
May
12
2016
Ruling
Settlement of adversary proceeding to recover real property settled in best interests of the estate and creditors.
Issue(s)
Should trustee's settlement of adversary proceeding for the recovery of real property be approved?
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Court
:
- 11 U.S.C.
Smalis v. Liberty Mut. Surety (In re Smalis)
Jul
07
2015
Ruling
Creditor's action against trustees for failing to protect his interests dismissed as meritless.
Issue(s)
Should creditor be granted leave to file proceeding against trustee for alleged failure to protect creditor's interests?
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Court
:
Starky v. Birdsell (In re Starky)
Dec
08
2014
Ruling
Bankruptcy court properly awarded trustee fees and costs after extended exemption proceedings.
Issue(s)
Whether bankruptcy court abused its discretion by awarding attorneys' fees and costs to Chapter 7 trustee after extended proceedings relating to debtors' exemption claims.
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Court
:
Judge or Jurisdiction information not available
- 11 U.S.C.
In re Kohler
Jun
27
2014
Ruling
Trustee's motion to approve payment of personal injury settlement to debtor denied as premature.
Issue(s)
Should trustee's motion for payment of personal injury settlement to debtor be granted?
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:
- 11 U.S.C.
United States Dept of Labor v. Kirschenbaum
Mar
31
2014
Ruling
Bankruptcy court lacked jurisdiction in ordering payment of fees incurred by trustee in acting as ERISA plan administrator from the ERISA plan's assets.
Issue(s)
Did the bankruptcy court err in authorizing the payment of fees to the chapter 7 trustee and his retained professionals from the assets of an employee benefit plan?
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:
- 11 U.S.C.
In re Negus-Sons Inc.
Aug
30
2013
Ruling
Trustee entitled to payment of fees from non-estate ERISA plan assets for administration and liquidation of plans.
Issue(s)
Was trustee entitled to recover the fees of professionals retained to carry out the trustee's duties of administering and liquidating debtor's ERISA plans.
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Court
:
- 11 U.S.C.
In re Bodeker
Jun
07
2013
Ruling
Trustee's search of debtor's home for undisclosed gold, silver and other assets did not violate the Fourth Amendment.
Procedural posture
A chapter 7 trustee filed a notice of intent to sell gold and silver of the estate at private sale. The debtor objected on the grounds that the trustee's search of his home for his gold and silver was an illegal search and seizure under the Fourth Amendment to the U.S. Constitution.
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Court
: