- 11 U.S.C.
Lee, In re--Chow v. Lee
Dec
13
2021
Ruling
Tax refund was not property of the bankruptcy estate as the sole source of income attributableto the 2018 Tax Refund was derived from the employment of the non-debtor spouse. (Bankr.E.D. Tex.)
Issue(s)
Property of the Estate; Creation and Composition of the Estate; Community Property.
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Court
:
- 11 U.S.C.
Perez, In re
Jan
12
2021
Ruling
Bankruptcy dismissed for failure to file a confirmable plan and debtor’s failure to givenotice to spouse with whom he shared community property. (Bankr. D.P.R.)
Issue(s)
Property of the Estate; Creation and Composition of the Estate; Community Property.
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Judge or Jurisdiction information not available
- 11 U.S.C.
Leonard, In re--Myers v. Witt
Nov
08
2018
Ruling
Case was withdrawn from submission as no controlling California precedent addressed theapplicability of the community property presumption in suits between a married person anda third party creditor. (9th Cir.)
Issue(s)
Property of the Estate; Creation and Composition of the Estate; Community Property.
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Court
:
- 11 U.S.C.
Barreto, In re--Barreto v. Cooperativa de Ahorro y Credito de Aguadilla
Nov
07
2018
Ruling
Motion for summary judgment denied as there were relevant facts in controversy todetermine whether the payment made to the defendant constituted a preferential transfer asit would allow defendant to receive more than it would under a chapter 7 liquidation. (Bankr.D.P.R.)
Issue(s)
Property of the Estate; Creation and Composition of the Estate; Community Property.
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Judge or Jurisdiction information not available
- 11 U.S.C.
Rivera, In re
Sep
21
2018
Ruling
Only remaining or newly created community property and debtor's separate property wereproperty of the bankruptcy estate as the parties' conjugal partnership had been dissolved.(Bankr. D.P.R.)
Issue(s)
Property of the Estate; Creation and Composition of the Estate; Community Property; Property Managed and Controlled By Debtor.
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Court
:
- 11 U.S.C.
Yashouafar, In re--Gottlieb v. Yashouafar
Apr
09
2018
Ruling
Summary judgment granted to the trustee as to 50 percent of the assets of the trust that werecharacterized as community property. (Bankr. C.D. Cal.)
Issue(s)
Property of the Estate; Creation and Composition of the Estate; Community Property.
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Court
:
- 11 U.S.C.
In re Morrison
Jun
29
2012
Ruling
Community property owned by debtor with estranged spouse was property of the estate.
Procedural posture
Before the court was debtor's estranged spouse's (wife's) Motion to Object to Characterization of Assets, as amended and supplemented, seeking a determination that debtor's inclusion of certain community property in his bankruptcy schedules was improper under the theory that the subject property was her "sole management community property" and therefore not property of the estate under 11 U.S.C.S. § 541. A hearing was held.
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Court
:
- 11 U.S.C.
In re Trammell
Nov
09
2007
Ruling
Relief from stay not required for creditor to pursue remedies against vehicle that was not property of the estate.
Procedural posture
A bankruptcy debtor listed a vehicle as community property with the debtor's spouse, but a creditor secured by the vehicle asserted that the vehicle was the sole property of the spouse and was not property of the bankruptcy estate. The creditor moved for relief from the automatic bankruptcy stay to pursue state law remedies with regard to the vehicle.
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Court
:
- 11 U.S.C.
In re Lue Xiong
May
03
2006
Ruling
Trustee was denied turnover of certain property since debtor was entitled to certain exemptions.
Procedural posture
The debtor filed for relief under chapter 7. At the time of the filing, the debtor was married, but his spouse did not join in the proceedings. The trustee filed a motion to compel the turnover of real estate in Kansas, real estate in Wisconsin, a truck, and an automobile, contending that the property was part of the bankruptcy estate pursuant to 11 U.S.C. § 541(a)(2).
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Court
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