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§ 725

Ricca, In re

Ruling
Debtor husband's interest in expected inheritance from his father was property of the Chapter7 estate, subject to the lender's security interest. (Bankr. E.D. Pa.)
Issue(s)
Disposition of Certain Property.

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Consumer opinion summary, case decided on February 26, 2021 , LexisNexis #0421-046

Followell v. United States (In re Gurley)

Ruling
Debtor and decedent spouse's estate could not challenge distribution of property recovered in fraudulent transfer proceeding.
Procedural posture

Chapter 7 debtor and the estate of his deceased wife appealed the dismissal of an adversary proceeding against defendant United States seeking entry of an order precluding the Environmental Protection Agency (EPA) from receiving a distribution of the proceeds of avoided transfers. On remand from the United States District Court for the Middle District of Florida, the court was directed to rule on whether 11 U.S.C.S. § 725 applied.

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Consumer opinion summary, case decided on March 25, 2010 , LexisNexis #0610-035

In re Engman

Ruling
Trustee could not settle with lienholders over objections of debtor and unsecured creditors.
Procedural posture

A chapter 7 trustee sought approval pursuant to Fed. R. Bankr. P. 9019(a) of settlements reached by him with various lienholders and the co-owners of property in which the bankruptcy estate also held an interest, and the authority to make distributions on account of those liens and co-interests. The debtor and an unsecured creditor objected. The court issued a scheduling order setting out the standard to be used in considering the request.

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Consumer opinion summary, case decided on October 08, 2008 , LexisNexis #0109-104