LB Steel, LLC v. Walsh Constr. Co. (In re LB Steel, LLC)
Mar
29
2016
Ruling
Funds deposited in state court pursuant to setoff order were not property of the estate and notsubject to turnover. (Bankr. N.D. Ill.)
Issue(s)
Turnover of Property by a Custodian; Duties of Custodian.
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Court
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Brantley Land & Timber Co. LLC v. Gebhardt (In re Brantley Land & Timber Co. LLC)
Sep
18
2015
Ruling
Debtor's application to continue employment of prepetition receiver, who was an insider of debtor, denied.
Issue(s)
Could debtor's prepetition receiver continue in that role postpetition?
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Court
:
- 11 U.S.C.
In re 29 Brooklyn Ave. LLC
Aug
21
2015
Ruling
State court receiver's proof of claim in debtor's single asset real estate case allowed.
Issue(s)
Was receiver appointed in single asset real estate debtor's foreclosure entitled to proof of claim for unpaid expenses that he incurred prior to the bankruptcy and for his commissions?
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Court
:
- 11 U.S.C.
In re Youngquist
Dec
06
2013
Ruling
Reasonable fees and expenses awarded to property manager.
Issue(s)
Was company that managed debtor's property throughout chapter 7 case entitled to fees.
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Court
:
- 11 U.S.C.
In re R. Brown & Sons Inc.
Sep
18
2013
Ruling
Storage companies that held property levied by sheriffs were entitled to administrative expense claim for fees.
Issue(s)
Were storage companies that took possession of and stored debtor's property that had been seized by sheriff's entitled to fees.
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Court
:
In re OReilly & Collins
Aug
27
2013
Ruling
Assignee under pre-involuntary petition general assignment allowed reasonable compensation as custodian.
Issue(s)
Could custodian of debtor, pursuant to assignment prior to filing of involuntary petition, seek compensation for actions taken to preserve estate assets?
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Court
:
- 11 U.S.C.
In re Sabana Del Palmar Inc.
May
29
2013
Ruling
Turnover excused where FDIC's continued receivership was in best interests of creditors.
Procedural posture
The chapter 11 debtor filed a motion for turnover of property under 11 U.S.C.S. § 543. The Federal Deposit Insurance Corporation (FDIC) filed a motion to excuse turnover. The court held a hearing on the motions.
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Court
:
In re Picacho Hills Util. Co.
Apr
26
2013
Ruling
Receiver for debtor utility excused from turnover in best interests of creditors.
Procedural posture
In this contested matter, a state court receiver (Receiver) filed a Motion to Excuse Compliance with 11 U.S.C.S. § 543(a), a Motion to Dismiss for Bad Faith Filing, and a Motion to Abstain Pursuant to 11 U.S.C.S. § 305. Debtor opposed the motions.
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Court
:
- 11 U.S.C.
In re Ohakpo
Mar
04
2013
Ruling
State court officer who seized debtor's vehicles was a custodian entitled to relief.
Procedural posture
Two state court officers, who seized two automobiles belonging to one of the debtors for the purpose of selling them to satisfy a judgment obtained by a creditor against that debtor, filed a motion seeking a determination that they were custodians of the automobiles entitled to relief under 11 U.S.C.S. § 543(c).
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Court
:
- 11 U.S.C.
In re China Vill. LLC
Jan
05
2012
Ruling
State court appointed receiver awarded fees less surcharge for failure to timely pay property taxes.
Procedural posture
Debtor LLC filed a petition under chapter 11 of the Bankruptcy Code, and the court entered an order under 11 U.S.C.S. § 543 which required a receiver that was appointed by a California court to turn over the debtor's property to the debtor. The receiver and two law firms it hired filed applications for fees and expenses, and the debtor and a creditor filed objections to the applications.
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Court
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