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§ 541

Lloyd, In re--White v. Gaffney

Ruling: 
Malpractice claims were not property of the bankruptcy estate where none of the claims raisedby the trustee had accrued pre-petition. (Bankr. D. Mass.)
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Consumer case opionion summary, case decided on June 28,2019, LexisNexis #0919-012

Brown, In re

Ruling: 
Motion for turnover of 62.7 percent of debtor's 2018 STIP bonus was denied where court heldthat debtor's expectancy interest in the 2018 STIP bonus is not a legal or equitable interest inproperty as of the commencement of the case. (Bankr. C.D. Ill.)
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Consumer case opionion summary, case decided on May 09,2019, LexisNexis #0719-067

Yellow Cab Coop., In re

Ruling: 
Trustee's claims against debtor's former accountant were subject to the in pari delicto defenseas § 541(a)(1) established that the estate's rights were no stronger than they were when actuallyheld by debtor. (Bankr. N.D. Cal.)
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Commercial case opionion summary, case decided on April 29,2019, LexisNexis #0719-017

Blasingame, In re--Church Joint Ventures, L.P. v. Blasingame

Ruling: 
Legal malpractice action based on errors and omissions contained in a bankruptcy petitionwas not a property of debtor's estate as the cause of action arose post-petition. (B.A.P. 6th Cir.)
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Consumer case opionion summary, case decided on April 05,2019, LexisNexis #0619-069

Culane, In re

Ruling: 
Debtor's beneficial interest in an ERISA-qualified plan was excluded from debtor's estate.(Bankr. E.D. Mich.)
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Consumer case opionion summary, case decided on February 28,2019, LexisNexis #0419-060

Rose, In re

Ruling: 
Chapter 13 debtor's FCA claim was properly barred by judicial estoppel as debtor previouslyfailed to disclose this litigation to the bankruptcy court. (5th Cir.)
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Consumer case opionion summary, case decided on March 22,2019, LexisNexis #0519-066

Briggs, In re

Ruling: 
Vehicle was property of the estate under state law with the dealership retaining a securityinterest. (Bankr. D. Kan.)
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Consumer case opionion summary, case decided on March 11,2019, LexisNexis #0519-035

Burciaga, In re

Ruling: 
Portion of severance pay was sufficiently rooted in debtor's pre-bankruptcy past that itconstituted property of debtor's bankruptcy estate. (Bankr. N.D. Ill.)
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Consumer case opionion summary, case decided on March 22,2019, LexisNexis #0519-036

Rey, In re

Ruling: 
Mortgagee's motion to confirm sale granted as the sale occurred before the bankruptcy was filed and the debtor's right to redeem expired at the time of the sale. (Bankr. S.D.N.Y.)
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Consumer case opionion summary, case decided on March 07,2019, LexisNexis #0419-086

Smith, In re

Ruling: 
Trustee's objection overruled where Tennessee exemption statutes allow debtors to claim bothpersonal property exemption and bodily injury exemption in a personal injury settlement.(Bankr. W.D. Tenn.)
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Consumer case opionion summary, case decided on January 07,2019, LexisNexis #0219-061

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