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§ 543

Richmond Garden Views, LLC, In re--Magaliff v. Davidoff

Ruling
Chapter 7 trustee was not entitled to turnover of a deposit debtor made to purchase property at a foreclosure sale on which he defaulted. (Bankr. S.D.N.Y.)
Issue(s)
Turnover of Property by a Custodian; Duties of Custodian; Delivery of Property to Trustee.

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Commercial opinion summary, case decided on October 09, 2024 , LexisNexis #1224-062

Novus Structures, Inc., In re

Ruling
Receiver should not be excused from his turnover obligation as the interests of the debtoraligned with the non-lender creditors, who would be better served by turnover. (Bankr. N.D.Ill.)
Issue(s)
Turnover of Property by a Custodian; When Court May Excuse Compliance; Interest of

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Commercial opinion summary, case decided on September 11, 2023 , LexisNexis #1123-039

Whittaker, Clark & Daniels, Inc., In re

Ruling
The Rooker-Feldman doctrine did not apply to the receiver's motion to dismiss the corporatedebtor's bankruptcy filing, which was not barred by the appointment of the receiver. (Bankr.D.N.J.)
Issue(s)
Turnover of Property by a Custodian.

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:
Judge or Jurisdiction information not available
Commercial opinion summary, case decided on June 20, 2023 , LexisNexis #0823-062

Chambers, In re

Ruling
Firm was prohibited from making disbursements or taking action with respect to the funds aslaw firm was expressly ordered to hold the subject funds in trust by a state bank. (Bankr. D.Nev.)
Issue(s)
Turnover of Property by a Custodian.

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Consumer opinion summary, case decided on November 16, 2020 , LexisNexis #0221-038

Krieger, In re

Ruling
Debtors' motion to excuse receiver from turnover of receivership funds denied. (Bankr. W.D.Mich.)
Issue(s)
Turnover of Property by a Custodian; When Court May Excuse Compliance; Interest of

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Consumer opinion summary, case decided on January 24, 2020 , LexisNexis #0320-013

Royalty Props., LLC, In re

Ruling
Motion to excuse compliance was denied as it was moot and untimely where receiver turnedover the property before creditor filed its motion. (Bankr. N.D. Ill.)
Issue(s)
Turnover of Property by a Custodian.

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Commercial opinion summary, case decided on May 17, 2019 , LexisNexis #0719-091

Stainless Sales Corp., In re

Ruling
Creditor was not entitled to reimbursement of its claims as an administrative expense but was entitled to protection. (Bankr. N.D. Ill.)
Issue(s)
Turnover of Property by a Custodian; Duties of Court; Protection of Entities to Which Custodian Is Obligated.

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Commercial opinion summary, case decided on December 22, 2017 , LexisNexis #0118-106

Packard Square LLC, In re

Ruling
Debtor's turnover motion denied where court held that the only viable choice is to allow thestate court receiver to continue to perform and control the construction, completion, andultimate stabilization of the project. (Bankr. E.D. Mich.)
Issue(s)
Turnover of Property by a Custodian; When Court May Excuse Compliance; Interest of Creditors.

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Commercial opinion summary, case decided on October 13, 2017 , LexisNexis #1117-083

In re Smith

Ruling
Receivership was terminated upon filing of debtor’s case.
Issue(s)
Did § 543 of the Bankruptcy Code eliminate receivership over debtor’s property?

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Consumer opinion summary, case decided on June 24, 2016 , LexisNexis #0716-077

Jem Rest Corp. v. Zaragoza (In re Jem Rest Corp.)

Ruling
Revoked liquor license was not property of the estate and not subject to turnover.
Issue(s)
Was revoked liquor license property of debtor restauranteur’s estate and subject to turnover?

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Commercial opinion summary, case decided on June 10, 2016 , LexisNexis #0716-049