Skip to main content

§ 521(a)

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.

ABI Membership is required to access the full summary of Wojtkun, In re--Butler v. Wojtkun Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

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.

ABI Membership is required to access the full summary of Wojtkun, In re--Butler v. Wojtkun Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

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

Mastro, In re--Rigby v. Mastro

Ruling
Court held that bankruptcy court had authority to compel a debtor to sign a consent directive in furtherance of debtor's obligation to provide recorded information to trustee. (B.A.P. 9th Cir.)
Issue(s)
Debtor's Duties; Required Acts; Surrender of Property and Recorded Information to Trustee.

ABI Membership is required to access the full summary of Mastro, In re--Rigby v. Mastro Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Court :
Judge or Jurisdiction information not available
Consumer opinion summary, case decided on June 05, 2018 , LexisNexis #0718-035

Templin, In re

Ruling
Motion to delay entry of debtor's discharge was denied as debtor's failure to comply with § 521(a)(2) was not grounds for delaying entry of his discharge order. (Bankr. D.N.M.)
Issue(s)
Debtor's Duties; Required Acts; Where Individual Debtor’s Debt is Secured by Property of the Estate.

ABI Membership is required to access the full summary of Templin, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on April 17, 2018 , LexisNexis #0518-097

Gregory, In re

Ruling
Debtor was not required to surrender property to a creditor where debtor's expression ofintention was mere relinquishment and not surrendering the property. (Bankr. W.D. Mo.)
Issue(s)
Debtor's Duties; Required Acts; Where Individual Debtor’s Debt is Secured by Property of the Estate; Statement of Intention.

ABI Membership is required to access the full summary of Gregory, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on June 14, 2017 , LexisNexis #0717-068

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.

ABI Membership is required to access the full summary of Rupp v. Auld (In re Auld) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

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

Samson v. Franz (In re Franz)

Ruling
Funds derived from debtor’s mother’s estate following conversion to chapter 7 were propertyof the estate, should have been surrendered and were subject to turnover. (Bankr. D. Mont.)
Issue(s)
Debtor's Duties; Required Acts; Surrender of Property and Recorded Information to Trustee.

ABI Membership is required to access the full summary of Samson v. Franz (In re Franz) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on October 17, 2016 , LexisNexis #1116-042

Failla v. Citibank, N.A. (In re Failla)

Ruling
Debtors who chose to surrender property could not oppose foreclosure. (11th Cir.)
Issue(s)
Whether a person who agrees to "surrender" his house in bankruptcy may oppose a foreclosure action in state court

ABI Membership is required to access the full summary of Failla v. Citibank, N.A. (In re Failla) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

:
Judge or Jurisdiction information not available
Consumer opinion summary, case decided on October 04, 2016 , LexisNexis #1016-112

In re Woide

Ruling
Case reopened to allow creditor to seek to compel surrender of property. (Bankr. M.D. Fla.)
Issue(s)
Debtor's Duties; Required Acts; Where Individual Debtor’s Debt is Secured by

ABI Membership is required to access the full summary of In re Woide Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on June 21, 2016 , LexisNexis #1216-007

In re Elowitz

Ruling
Debtors were ordered to surrender property to the owner of note and mortgage.
Issue(s)
Should debtors be compelled to turn over real property in accordance with a stipulation?

ABI Membership is required to access the full summary of In re Elowitz Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on May 17, 2016 , LexisNexis #0616-114