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§ 541(a)

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

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

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

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

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