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§ 521(a)(3)

Fears, In re

Ruling
Chapter 7 trustee was entitled to an order requiring debtor to cooperate in the process ofmarketing and selling debtor's home until it was adequately marketed and purchase offerselicited. (Bankr. E.D. Mich.)
Issue(s)
Debtor's Duties; Required Acts; Cooperation with Trustee.

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Consumer opinion summary, case decided on February 23, 2021 , LexisNexis #0421-007

Wojtkun, In re--Butler v. Wojtkun

Ruling
Court would issue an order that compels the debtor to comply with his duties under § 521(a)(3)and includes a prohibition against debtor's soliciting patients of the professional corporation.(Bankr. D. Mass.)
Issue(s)
Debtor's Duties; Required Acts; Cooperation with Trustee.

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Consumer opinion summary, case decided on August 23, 2018 , LexisNexis #1018-009

Wojtkun, In re--Butler v. Wojtkun

Ruling
Court would issue an order that compels the debtor to comply with his duties under § 521(a)(3)and includes a prohibition against debtor's soliciting patients of the professional corporation.(Bankr. D. Mass.)
Issue(s)
Debtor's Duties; Required Acts; Cooperation with Trustee.

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Consumer opinion summary, case decided on August 23, 2018 , LexisNexis #1018-009

Rupp v. Auld (In re Auld)

Ruling
Bankruptcy court's Order denying the trustee's motion for turnover reversed as debtor failedto oppose trustee's requests. (B.A.P. 10th Cir.)
Issue(s)
Debtor's Duties; Required Acts; Cooperation with Trustee.

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Court :
Judge or Jurisdiction information not available
Consumer opinion summary, case decided on January 03, 2017 , LexisNexis #0217-005

In re Sann

Ruling
Incarcerated debtor not entitled to a stay pending release from prison. (Bankr. D. Mont.)
Issue(s)
Should incarcerated debtor’s chapter 7 case be stayed until after debtor’s release from prison?

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Consumer opinion summary, case decided on February 10, 2016 , LexisNexis #0916-091

In re Moran

Ruling
Debtor ordered to compensate trustee for expenses incurred as a result of bad faith violation.
Issue(s)
Was trustee entitled to fees and expenses incurred in seeking to obtain debtor's compliance with bankruptcy court's turnover orders?

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Consumer opinion summary, case decided on August 26, 2013 , LexisNexis #0913-077

In re Aninao

Ruling
Sanctions against debtor for noncooperation denied where problem was caused by ineffective communication between attorneys for trustee and debtor.
Procedural posture

A chapter 7 trustee filed a motion to compel and for sanctions, alleging that a debtor's failure to cooperate as required by 11 U.S.C.S. § 521(a)(3) caused unnecessary delay and expense to the estate.

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Consumer opinion summary, case decided on July 27, 2012 , LexisNexis #0812-114

In re Pulliam

Ruling
Debtor held in contempt for failure to provide information to U.S. Trustee pursuant to court order.
Procedural posture

Debtors filed a petition under chapter 7 of the Bankruptcy Code, and the United States Trustee ("UST") filed a motion for an order requiring the debtors to show cause why they should not be held in contempt for violating the court's order to provide the UST with their son's address. The debtors filed an objection to the UST's motion.

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Consumer opinion summary, case decided on March 31, 2011 , LexisNexis #0711-010

In re Bohannon

Ruling
Trustee's motion to grant debtor portion of recovery to ensure cooperation in whistleblower lawsuit denied.
Procedural posture

A bankruptcy debtor's estate included a whistleblower lawsuit against the debtor's former employer for wrongful termination. To encourage the debtor to fully participate in the lawsuit, the bankruptcy trustee moved to grant the debtor a portion of any net recovery from the lawsuit, free of claims of the estate and creditors.

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Consumer opinion summary, case decided on October 07, 2010 , LexisNexis #1110-046

Houghton v. Morey (In re Morey)

Ruling
Debtor's counsel ordered to cease and desist representation of debtor's former spouse who had failed to pay debtor amounts due under divorce decree.
Procedural posture

Plaintiff bankruptcy trustee brought an adversary proceeding against defendant former spouse of a bankruptcy debtor alleging that the spouse's failure to pay the full amount due under a divorce decree for the debtor's interest in real property constituted a fraudulent transfer. The trustee moved for an order directing the debtor's counsel to cease representing the spouse.

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Consumer opinion summary, case decided on October 07, 2009 , LexisNexis #0110-113