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§ 541

Telesford-Mapp, In re

Ruling: 
Property sold prior to the petition date was not property of the estate as debtors had nointerest in the property where they failed to exercise their right of redemption during the sixmonthstatutory period. (Bankr. W.D. Ky.)
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Consumer case opionion summary, case decided on July 19,2018, LexisNexis #0119-078

Wilson v. Rigby

Ruling: 
Judgment affirmed where bankruptcy court properly held that debtor could not claim more than the value of the equity in her home as of the petition date where the actual equity in her home on that date was undisputed. (9th Cir.)
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Court: Judge or Jurisdiction information not available
Consumer case opionion summary, case decided on November 27,2018, LexisNexis #0119-041

Migell, In re

Ruling: 
Right to possession of property by tenant terminated where tenant received adequate notice of the proceedings and due process and had waived any claim to a possessory right to the property. (Bankr. M.D. Fla.)
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Consumer case opionion summary, case decided on November 28,2018, LexisNexis #0119-042

Kiley, In re

Ruling: 
Debtor's interest in her ex-husband's retirement plan as a survivor beneficiary was excludedfrom property of the estate as it was subject to ERISA's anti-alienation provisions. (Bankr. D.Utah)
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Consumer case opionion summary, case decided on December 04,2018, LexisNexis #0119-016

Barreto, In re--Barreto v. Cooperativa de Ahorro y Credito de Aguadilla

Ruling: 
Motion for summary judgment denied as there were relevant facts in controversy todetermine whether the payment made to the defendant constituted a preferential transfer asit would allow defendant to receive more than it would under a chapter 7 liquidation. (Bankr.D.P.R.)
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Court: Judge or Jurisdiction information not available
Consumer case opionion summary, case decided on November 07,2018, LexisNexis #1218-078

Leonard, In re--Myers v. Witt

Ruling: 
Case was withdrawn from submission as no controlling California precedent addressed theapplicability of the community property presumption in suits between a married person anda third party creditor. (9th Cir.)
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Consumer case opionion summary, case decided on November 08,2018, LexisNexis #1218-076

Brizinova, In re--Geltzer v. Brizinova

Ruling: 
Trustee was not entitled to seek turnover of post-petition sale proceeds as debtor's ownership of online corporation's shares did not give debtor legal title to, or an ownership interest in, its assets. (Bankr. E.D.N.Y.)
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Consumer case opionion summary, case decided on September 26,2018, LexisNexis #1118-048

Rivera, In re

Ruling: 
Only remaining or newly created community property and debtor's separate property wereproperty of the bankruptcy estate as the parties' conjugal partnership had been dissolved.(Bankr. D.P.R.)
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Consumer case opionion summary, case decided on September 21,2018, LexisNexis #1118-016

Culp, In re

Ruling: 
Insurance proceeds received by debtors constituted property of the estate as the debtors were owners of the property and the insurance policy prepetition and were also beneficiaries under the policy. (Bankr. D. Del.)
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Consumer case opionion summary, case decided on August 30,2018, LexisNexis #1018-049

Mikkelsen, In re--Avery v. Mikkelsen

Ruling: 
Malpractice action that, under applicable state law, only accrued postpetition was not property of the bankruptcy estate. (Bankr. D. Idaho)
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Consumer case opionion summary, case decided on August 30,2018, LexisNexis #1018-050

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