Myler v. Giannini (In re Alley)
Dec
02
2010
Ruling
Landlord who denied trustee access to debtor's inventory and who damaged the inventory denied administrative expense claim for storage costs.
Procedural posture
Plaintiff trustee filed an adversary complaint against defendant landlord, alleging that he damaged inventory that the debtor had left there and also seeking sanctions against the landlord for refusing to allow the trustee access to the inventory. The landlord filed a request for payment of rent to him as an administrative expense under 11 U.S.C.S. § 503(b) for the time that the inventory was stored on his property post-petition.
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Court
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In re Machine Maintenance Specialists Inc.
Nov
16
2010
Ruling
Debtors' attorneys who never filed application for approval to represent debtor ordered to turn over retainer.
Procedural posture
A United States Trustee (UST) filed a motion for an order compelling attorneys who acted as a debtor's chapter 11 bankruptcy counsel before his case was converted to chapter 7 to turn over property of the estate, their retainer, pursuant to 11 U.S.C.S. § 542(a). One of the attorneys filed a motion for approval of employment of counsel for debtor nunc pro tunc due to extraordinary circumstances.
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Court
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Weinman v. Graves (In re Graves)
Jun
29
2010
Ruling
Only portion of tax refund attributed to prepetition earnings and reverting to debtors after application to next year's taxes was subject to turnover.
Procedural posture
Pursuant to 11 U.S.C.S. § 542(a), appellant bankruptcy trustee filed a motion for turnover of appellee debtors' tax refund for a particular tax year. A Tenth Circuit Bankruptcy Appellate Panel denied the motion, finding that the debtors' interest in the tax refund, which was irrevocably applied prepetition to the debtors' taxes for the next tax year, was not subject to turnover under § 542(a). The trustee challenged the judgment.
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Court
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Judge or Jurisdiction information not available
In re Fleming
Feb
19
2010
Ruling
Three-year delay barred trustee from seeking turnover of tax refund for which no return was filed.
Procedural posture
The trustee filed a motion under 11 U.S.C.S. § 542 to recover from debtor tax refunds and other amounts that had become the estate's property upon the commencement of their chapter 7 case.
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Court
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In re Diaz
Oct
15
2009
Ruling
Motor vehicle repossessed prior to petition date was not subject to turnover.
Procedural posture
Before the court was debtor's Motion to Redeem Repossessed Automobile through chapter 13 Plan and Compel Turnover of Automobile (Motion for Turnover). Respondent creditor filed a response.
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Court
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Gordon v. Kinney (In re Gallagher)
Sep
30
2009
Ruling
Return of diamond ring by debtor at conclusion of relationship was not shown to be an avoidable fraudulent transfer.
Procedural posture
Plaintiff bankruptcy trustee brought an adversary proceeding against defendant transferee of a diamond ring from a bankruptcy debtor, seeking turnover of the ring or the value of the ring as property of the debtor's bankruptcy estate pursuant to 11 U.S.C.S. § 542(a).
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Court
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In re Welch
Mar
13
2009
Ruling
Creditor's continued possession of vehicle that was repossessed prior to petition date was not a stay violation absent adequate protection.
Procedural posture
A debtor filed a motion for contempt against a creditor for an alleged violation of the automatic stay pursuant to 11 U.S.C.S. § 362 following the creditor's repossession of a vehicle purchased under an installment contract.
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Court
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Bohm v. Cantor (In re Cantor)
Jun
25
2008
Ruling
Debtor could claim exemption in residence purchased for debtor by former spouse as part of property settlement.
Procedural posture
Plaintiff, the chapter 7 trustee, brought an adversary action pursuant to 11 U.S.C.S. § 542(a) against defendant debtor and her non-debtor former spouse, seeking an order directing them to turn over their interests in the residence in which the debtor and her children resided. The debtor opposed the turnover, and claimed an exemption, presently valued at $1.00 in the residence.
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Court
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Spradlin v. Breeding (In re Breeding)
May
02
2008
Ruling
Postpetition proceeds of personal injury settlement were property of the estate and portion transferred to debtor's former spouse was subject to turnover order.
Procedural posture
Plaintiff trustee filed an adversary proceeding against defendant ex-wife under 11 U.S.C.S. § 542(a) for turnover to the debtor's bankruptcy estate of the post-petition settlement of a personal injury claim that was transferred from a joint checking account to the ex-wife. The ex-wife filed a third-party complaint against third-party defendant debtor for the amount of the transferred funds.
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Court
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Mason v. Crosby (In re Mason)
Apr
30
2008
Ruling
Bail bond deposit assigned by debtor to attorney before peitition date was not property of the estate.
Procedural posture
Plaintiff chapter 7 Trustee filed an adversary proceeding against defendants, including an attorney, seeking turnover of estate assets under 11 U.S.C.S. § 542 and § 543. The Trustee sought the proceeds of a bail bond that were paid to the attorney who represented the debtor in a criminal case. The Trustee sought judgment on stipulated facts. The court treated the matter as a motion for judgment on the pleadings under Fed. R. Civ. P. 12(c).
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Court
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