Baker, In re--Baker v. Nationstar Mortg., LLC
Jul
28
2017
Ruling
Defendant was a bona fide purchaser even if it did not know that the foreclosure sale had been postponed. (Bankr. D. Idaho)
Issue(s)
Abandonment of Property of the Estate; On Request of Party in Interest.
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Court
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Coslow, In re--Coslow v. Reisz
Jul
28
2017
Ruling
Abandonment of debtor's residence was warranted as the estate had no equity in the residence. (Bankr. W.D. Ky.)
Issue(s)
Abandonment of Property of the Estate; On Request of Party in Interest.
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Court
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Burke, In re--Jahn v. Burke
Jul
14
2017
Ruling
Motion to compel abandonment granted as debtors' had standing to compel the trustee toabandon their residence. (6th Cir.)
Issue(s)
Abandonment of Property of the Estate; On Request of Party in Interest.
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:
Judge or Jurisdiction information not available
In re Garcia
Nov
21
2014
Ruling
Abandonment denied absent showing of inconsequential value and benefit to the estate.
Issue(s)
Could debtors seek abandonment of property, where the trustee had previously obtained an order avoiding the transfer of the property to the debtors?
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Court
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In re Fialkowski
Dec
03
2012
Ruling
Motion to compel trustee to abandon exempt bank account granted but stayed until closing of case.
Procedural posture
The chapter 7 trustee filed a motion seeking an order directing the debtor to turn money in a bank account over to the trustee under 11 U.S.C.S. § 542. The debtor filed a motion seeking to compel the trustee to abandon the "exempt" bank account under 11 U.S.C.S. § 554(b).
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Court
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In re Roszowski
Nov
05
2012
Ruling
Debtor could not avoid homeowners' association lien on condominium which had been foreclosed on prior to petition date.
Procedural posture
Debtor filed a petition under chapter 7 of the Bankruptcy Code and sought an order under 11 U.S.C.S. § 522(f) which avoided a judicial lien a homeowners' association (HOA) held on real and personal property. The HOA filed a motion seeking an order under 11 U.S.C.S. § 554(b) which required the chapter 7 trustee to abandon personal property the debtor left in a condominium the HOA purchased.
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Court
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In re Willis Enters.
Sep
10
2012
Ruling
Bank's motion for abandonment of funds denied due to failure to promptly assert lien rights after turnover to trustee.
Procedural posture
A bank turned over funds in a bankruptcy debtor's deposit account to a bankruptcy trustee, and the bank claimed a security interest in the funds. Pursuant to 11 U.S.C.S. § 554(b), the bank moved to compel the trustee to abandon the funds which were of inconsequential value to the bankruptcy estate.
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Court
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In re Garcia
Aug
31
2012
Ruling
Relief from stay granted to allow in rem relief against debtor's abandoned interest in property.
Procedural posture
The Federal Deposit Insurance Corporation (FDIC), as receiver for a bank, filed a motion for relief from the automatic stay to proceed with a foreclosure action. No objections were filed.
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Court
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In re SAI Holdings Ltd.
Aug
03
2012
Ruling
Motion seeking abandonment of property formerly owned by debtor four years after confirmation denied as not related to bankruptcy.
Procedural posture
Movant sought an order pursuant to 11 U.S.C.S. § 554(b) requiring the Liquidating Agent to abandon real estate that was formerly owned by the chapter 11 debtor. The court asked for briefing on subject matter jurisdiction.
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Court
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In re Stetler
Jul
11
2008
Ruling
Trustee ordered to abandon estate's interest in nonexempt real estate if not sold within set period.
Procedural posture
A debtor sought an order compelling a capter 7 trustee to abandon a nonexempt partial interest in homestead real estate under 11 U.S.C.S. § 554(b). The trustee objected, asserting that the bankruptcy estate's interest in the nonexempt portion of the debtor's real estate had significant value.
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Court
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