In re Thomas
Aug
08
2013
Ruling
Surcharge and turnover of exempt IRA not warranted by omission of prepetition contracts from statements and schedules.
Issue(s)
Was trustee entitled to surcharge and turnover of debtor's exempt IRA.
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Court
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Overstreet v. Ricks (In re Ricks)
Jul
15
2013
Ruling
Debtor ordered to turn over non-exempt cash in checking account due to cluster of prepetition withdrawals.
Issue(s)
Was trustee entitled to turnover of nonexempt funds held in debtor's bank account on petition date?
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Court
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In re Wolfe
Apr
08
2013
Ruling
Debtors ordered to turn over funds still in account on petition date due to failure of IRS check drawn on the account to be debited until after petition date.
Procedural posture
A chapter 7 trustee filed a motion pursuant to 11 U.S.C.S. § 542(a) for turnover of the funds on deposit in the debtors' checking account on the day that they filed their bankruptcy petition. The debtors objected.
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Court
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In re Pilate
Mar
06
2013
Ruling
Current possession of inheritance funds that were property of the estate was not a prerequisite to recovery by trustee.
Procedural posture
The chapter 7 trustee filed a motion for summary judgment, Fed. R. Civ. P. 56, seeking a judgment against debtor for the balance of the $30,406 of inheritance funds debtor received and that were property of the estate, but that debtor had not delivered to the trustee.
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Court
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Stancil v. Bradley Invs. LLC (In re Stancil)
Feb
25
2013
Ruling
LLC ordered to turn over property bought from trustee of investors group after debtor defaulted on note payments.
Procedural posture
Chapter 11 debtor filed an adversary proceeding against defendants, a note holder, a trustee, an auction company, an LLC that bought property the trustee sold, and a group of investors, seeking damages under 11 U.S.C.S. § 362(k) and an order under 11 U.S.C.S. § 542(a) which required the LLC to turn over the property. The debtor and the LLC filed cross-motions for summary judgment.
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Court
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In re Wamsley
Feb
19
2013
Ruling
Trustee entitled to turnover of unscheduled Aston Martin.
Procedural posture
Pursuant to 11 U.S.C.S. § 542(a), a chapter 7 Trustee filed a motion seeking the turnover of a vehicle.
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Court
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Newman v. Schwartzer (In re Newman)
Feb
04
2013
Ruling
Order for turnover of tax refund affirmed.
Procedural posture
Appellant debtor sought review of an order from the United States Bankruptcy Court for the District of Nevada, which granted appellee chapter 7 trustee's motion to compel turnover of the debtor's 2011 tax refund pursuant to 11 U.S.C.S. § 542(a).
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Court
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Judge or Jurisdiction information not available
- 11 U.S.C.
Sterling v. Southlake Nautilus Health & Raquet Club Inc. (In re Sterling)
Jan
31
2013
Ruling
Use of adversary proceeding for finding of violation of discharge injunction was improper.
Procedural posture
Chapter 7 debtor filed an adversary proceeding against defendants, a health and racquet club, a law firm, and an attorney, claiming that defendants violated the injunction that was imposed pursuant to 11 U.S.C.S. § 524(a)(2) by continuing collection activities against her with respect to a pre-petition debt that was discharged in bankruptcy. The law firm and the attorney filed a motion to dismiss.
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Court
:
Rosen v. Hoang (In re Hoang)
Sep
20
2012
Ruling
Debtor ordered to turn over diamonds not disclosed in original schedules.
Procedural posture
Debtor declared chapter 11 bankruptcy in 2005, and after her case was converted to one under chapter 7 of the Bankruptcy Code and a chapter 7 trustee was appointed to administer the case, the trustee sought an order under 11 U.S.C.S. § 542(a) that required the debtor to turn over 48.07 carats in diamonds she allegedly acquired postpetition using estate assets. The court held hearings on the motion and the debtor's objection.
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Court
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In re Lancaster
Jul
27
2012
Ruling
IRS and state taxing authority were jointly and separately liable with debtor for turnover of debtor's refunds after demand from trustee.
Procedural posture
A chapter 7 trustee filed a motion to compel the debtors, or in the alternative, to compel the North Carolina Department of Revenue (NCDOR) and the Internal Revenue Service (IRS), to turnover and deliver property to the trustee pursuant to 11 U.S.C.S. § 542(a).
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Court
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