Lovald v. Falzerano (In re Falzerano)
Jul
23
2012
Ruling
Trustee's turnover claim based on unjust enrichment properly denied as beyond the scope of §542(a).
Procedural posture
Debtor filed for chapter 7 bankruptcy relief. Plaintiff bankruptcy trustee commenced an adversary turnover proceeding under 11 U.S.C.S. § 542(a) against defendants, a probate estate and others, alleging an unjust enrichment claim. The bankruptcy court found that defendants were not unjustly enriched. The Bankruptcy Appellate Panel for the Eighth Circuit (BAP) affirmed on an alternative ground involving the scope of § 542(a). The trustee appealed.
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Court
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Judge or Jurisdiction information not available
In re Abbott
Jul
03
2012
Ruling
Turnover of tax refund that was intercepted to cover excess food assistance payments denied.
Procedural posture
Debtor filed a motion for turnover of property, pursuant to 11 U.S.C.S. § 542(a), seeking the return of his federal tax refund, which had been intercepted pre-petition by the United States Department of Treasury.
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Court
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In re Ruhl
Jul
02
2012
Ruling
Debtor's entire tax refund was subject to turnover where non-debtor spouse was not employed.
Procedural posture
The chapter 7 trustee filed a motion to compel turnover of the debtor's income tax refund, pursuant to 11 U.S.C.S. § 542(a). Debtor asserted that half of the refund was property of his non-debtor wife, and that half was not of the bankruptcy estate, under 11 U.S.C.S. § 541(a).
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Court
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Alfred v. Buttke (In re Buttke)
Feb
17
2012
Ruling
Creditor's failure to turn over vehicle upon gaining actual knowledge of case violated stay.
Procedural posture
The matter before the court was trustee's motion for summary judgment regarding a lien claimed by defendant lender. The trustee's motion asked the court to declare that the lender did not have a valid lien on the vehicle and had violated the automatic stay.
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Court
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In re Willman
Feb
16
2012
Ruling
Debtors ordered to turn over accrued prepetition vacation time.
Procedural posture
A chapter 7 trustee filed a motion for turnover under Fed. R. Bankr. P. 7001(a) and 9014(a), seeking an order requiring that the debtors turn over their accrued vacation time pursuant to 11 U.S.C.S. § 542(a).
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Court
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Gugino v. Jones (In re Antonie)
Nov
28
2011
Ruling
Debtor mother's transfer of mobile home that was property of debtor's estate avoided.
Procedural posture
Chapter 7 trustee filed an adversary proceeding against defendant transferee, seeking a determination that he was allowed under 11 U.S.C.S. § 549(a) to avoid the transfer of title to a mobile home which a chapter 7 debtor's mother made while the debtor was in bankruptcy, or an order under 11 U.S.C.S. § 542(a) which required the transferee to deliver title to the mobile home to the trustee. The case was tried to the court.
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Court
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Jubber v. Ruiz (In re Ruiz)
Aug
17
2011
Ruling
Funds against which prepetition checks were drawn by debtor and honored by bank after petition date were property of the estate and subject to turnover.
Procedural posture
Trustee sought review of a decision from the U. S. Bankruptcy Court for the District of Utah denying his motion under 11 U.S.C.S. § 542(a) to require appellee debtors to turn over estate assets.
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Court
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Judge or Jurisdiction information not available
In re Fritch
Jun
03
2011
Ruling
Debtor's interest in prenuptial agreement was property of the estate.
Procedural posture
Plaintiff Chapter 7 trustee filed a motion for summary judgment on its claim against defendant debtor for turnover of estate assets pursuant to 11 U.S.C.S. § 542(a). The debtor filed a cross-motion for summary judgment.
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Court
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In re Henry
Apr
13
2011
Ruling
Auto dealer ordered to turn over vehicle it ordered debtor to return two days after petition date.
Procedural posture
Debtor filed a petition under chapter 13 of the Bankruptcy Code, and he asked the court to issue an order under 11 U.S.C.S. § 542(a) that required an automobile dealer to turn over a vehicle he returned to the dealer two days after he declared bankruptcy, and that enjoined the dealer from selling or otherwise disposing of the vehicle. The dealer opposed the debtor's motion.
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Court
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DH Northwest LLC v. Carey (In re National Jockey Club)
Mar
03
2011
Ruling
Arbitration award breaking tie vote of board of directors resolution was not a judgment that could serve as a basis for turnover of property.
Procedural posture
Plaintiff, in the name of a Chapter 11 debtor, filed a complaint against defendant, who was the president, manager, and a board member of a limited liability company (LLC) formed by the debtor, asserting a claim for turnover of estate property under 11 U.S.C.S. § 542(a) and a claim for breach of fiduciary duty under state law. Defendant filed a motion to dismiss pursuant to Fed. R. Civ. P. 12(b)(6), as incorporated by Fed. R. Bankr. P. 7012.
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Court
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