§ 541(a)(2)

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Case was withdrawn from submission as no controlling California precedent addressed theapplicability of the community property presumption in suits between a married person anda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

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

Yashouafar, In re--Gottlieb v. Yashouafar

Ruling: 
Summary judgment granted to the trustee as to 50 percent of the assets of the trust that werecharacterized as community property. (Bankr. C.D. Cal.)
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Consumer case opionion summary, case decided on April 09,2018, LexisNexis #0518-075

In re Morrison

Before the court was debtor's estranged spouse's (wife's) Motion to Object to Characterization of Assets, as amended and supplemented, seeking a determination that debtor's inclusion of certain community property in his bankruptcy schedules was improper under the theory that the subject property was her "sole management community property" and therefore not property of the estate under 11 U.S.C.S. § 541. A hearing was held.
Ruling: 
Community property owned by debtor with estranged spouse was property of the estate.
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Consumer case opionion summary, case decided on June 29,2012, LexisNexis #0912-126

In re Trammell

A bankruptcy debtor listed a vehicle as community property with the debtor's spouse, but a creditor secured by the vehicle asserted that the vehicle was the sole property of the spouse and was not property of the bankruptcy estate. The creditor moved for relief from the automatic bankruptcy stay to pursue state law remedies with regard to the vehicle.
Ruling: 
Relief from stay not required for creditor to pursue remedies against vehicle that was not property of the estate.
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Consumer case opionion summary, case decided on November 09,2007, LexisNexis #1207-047

In re Lue Xiong

The debtor filed for relief under chapter 7. At the time of the filing, the debtor was married, but his spouse did not join in the proceedings. The trustee filed a motion to compel the turnover of real estate in Kansas, real estate in Wisconsin, a truck, and an automobile, contending that the property was part of the bankruptcy estate pursuant to 11 U.S.C. § 541(a)(2).
Ruling: 
Trustee was denied turnover of certain property since debtor was entitled to certain exemptions.
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