11 U.S.C. § 541

84 Florida cases classified under this topic · sorted by citation count · browse and sort

• In re Hunter
  970 F.2d 299· 7th Cir.· 1992-07-28 ·cited 4×
  The court held that entirety property enters the bankruptcy estate under § 541, is exempted under Indiana law, and is protected from post-discharge proceedings by the § 524 injunction.
• In re Harline v. Harline
  950 F.2d 669· 10th Cir.· 1991-12-05 ·cited 4×
  A tax-qualified ERISA pension or profit sharing plan is exempt from a debtor's bankruptcy estate under 11 U.S.C. § 541(c)(2), as the phrase 'applicable nonbankruptcy law' includes federal law like ERISA.
• Begier v. United States Internal Revenue Serv.
  878 F.2d 762· 3d Cir.· 1989-06-30 ·cited 4×
  The court held that pre-petition payments of non-segregated funds to the IRS for tax withholding obligations are not avoidable preferential transfers under 11 U.S.C. § 547(b). These payments are considered a special fund in trust for the government under I.R.C. § 7501 and are the
• United States v. Air Fla., Inc.
  56 B.R. 732· S.D. Fla.· 1985-12-03 ·cited 4×
  The court affirmed the bankruptcy court's judgment, holding that payments made by the debtor to the IRS constituted avoidable preferential and post-petition transfers because the funds were property of the estate and the IRS's tax liens were not properly perfected.
• In re Brandstaetter
  767 F.2d 324· 7th Cir.· 1985-07-02 ·cited 4×
  The court held that the trustee's objection to the debtors' claimed exemption of personal injury claims was untimely because it was filed after the debtors' discharge, and therefore the objection should be disallowed.
• In re Gus H. Reagan and Wife v. Austin Mun. Fed. Credit Union
  741 F.2d 95· 5th Cir.· 1984-09-10 ·cited 4×
  A future right to a share in a public employee retirement fund, even if contingent on termination of employment, can create a valid secured claim in bankruptcy and is considered property of the estate.
• Lawrence v. Chapter 7 Tr. (In Re Lawrence)
  251 B.R. 630· S.D. Fla.· 2000-07-31 ·cited 3×
  The district court affirmed the bankruptcy court's turnover, contempt, and incarceration orders, finding the offshore trust was property of the estate and the debtor had the ability to comply with the turnover order.
• In re Smith
  966 F.2d 1527· 7th Cir.· 1992-07-13 ·cited 3×
  The court held that the debtor did not have a property interest in the funds transferred to Baker & Schultz, as the bank retained dispositive control and the funds were not depleted from the debtor's estate.
• Barclay's Bank PLC v. Dresdner Bank Lateinamerika A.G. (In Re Lancaster Steel Co.)
  284 B.R. 152· S.D. Fla.· 2002-09-03 ·cited 2×
  The court held that the bankruptcy court erred in granting summary judgment for the issuer of a letter of credit, as the funds drawn in excess of the amount needed for retainage were property of the bankruptcy estate, not the issuer, due to the independence principle of letter of
• Singer Furniture Acquisition Corp. v. SSMC Inc. N.V.
  254 B.R. 46· M.D. Fla.· 2000-09-28 ·cited 2×
  The court affirmed the bankruptcy court's dismissal of Singer's Chapter 11 petition for bad faith filing and affirmed the denial of sanctions, finding the Virginia Order did not violate the automatic stay as it affected non-debtor assets.
• Universal Bonding Ins. Co. v. Gittens & Sprinkle Enters., Inc.
  960 F.2d 366· 3d Cir.· 1992-04-02 ·cited 2×
  Monies owed to a contractor by state and municipal agencies are not trust funds until paid to the contractor, but once paid, they are subject to the New Jersey Trust Fund Act for the benefit of laborers and materialmen. Federal agencies' contract balances are not subject to a tru
• In re Walker v. Kenneth G.M. Mather
  959 F.2d 894· 10th Cir.· 1992-03-26 ·cited 2×
  The court held that Oklahoma's exemption statute for retirement annuities is constitutional and does not violate the Contracts Clause, and that the annuities are property of the bankruptcy estate.
• In re Sakowitz v. The Chase Manhattan Bank, N.A.
  949 F.2d 178· 5th Cir.· 1991-12-26 ·cited 2×
  The court held that the sublease agreement did not create an express or implied trust, establishing a debtor-creditor relationship between Sakowitz and Evans, thus subjecting the escrowed funds to the Banks' security interest.
• Sanders v. First Nat'l Bank & Tr. Co. IN Great Bend
  936 F.2d 273· 6th Cir.· 1991-06-24 ·cited 2×
  The court held that the trustee's claims on behalf of Sherry Sanders were compulsory counterclaims barred from subsequent litigation, and that the trustee failed to present sufficient evidence for the remaining claims.
• In re Fitzsimmons v. Nolden
  896 F.2d 373· 9th Cir.· 1990-02-13 ·cited 2×
  A forfeiture-on-alienation clause in a trust is valid under Arizona law, and a beneficiary's bankruptcy filing constitutes an attempted alienation, triggering the forfeiture and removing the interest from the bankruptcy estate.
• In re Watts v. Pa. Hous. Fin. Co. & Robert F. Bobincheck
  876 F.2d 1090· 3d Cir.· 1989-06-05 ·cited 2×
  The court held that suspending mortgage assistance during bankruptcy did not violate the Bankruptcy Code's anti-discrimination or automatic stay provisions, nor § 1983.
• In re Cedar Tide Corp. v. Chandler's Cove INN, Ltd.
  859 F.2d 1127· 2d Cir.· 1988-10-17 ·cited 2×
  The court held that a dissolved New York corporation can file for Chapter 11 protection and that a post-petition transfer of substantially all assets without notice and a hearing is voidable under 11 U.S.C. § 363(b)(1).
• In re Golden v. Golden
  789 F.2d 698· 9th Cir.· 1986-05-06 ·cited 2×
  The court held that proceeds from the sale of a homestead are only exempt for six months, requiring reinvestment in another homestead within that period to maintain the exemption under California law.
• First Fid. Bank, N.A. v. Prime Motor Inns
  130 B.R. 610· S.D. Fla.· 1991-07-30 ·cited 1×
  The Bankruptcy Court lacked subject matter jurisdiction to enjoin payment or distribution of proceeds under letter of credit contracts to which the Debtors were not parties.
• In re La. World Exposition, Inc. v. Fed. Ins. Co.
  832 F.2d 1391· 5th Cir.· 1987-12-02 ·cited 1×
  The proceeds from directors' and officers' liability insurance policies are not part of the debtor's bankruptcy estate, as the policies only provide coverage for the directors and officers themselves, not the corporation.
• Chamberlin v. Goldberg
  M.D. Fla.· 2025-02-19
  The bankruptcy court correctly concluded that the Appellants' class action complaint violated the automatic stay by improperly seeking to exercise control over property of the estate and interfering with the Trustee's administration.
• Capitol Indem. Corp. v. Heidkamp
  312 B.R. 437· M.D. Fla.· 2003-05-05
  A surety's equitable subrogation rights to contract funds, arising from satisfying payment and performance obligations after a contractor's default and conversion to Chapter Seven, relate back to the commencement of the parties' relationship and are superior to the Chapter Seven
• Guy v. Dzikowski (In Re Atlas)
  222 B.R. 656· S.D. Fla.· 1998-03-06
  The court affirmed multiple appeals from post-judgment proceedings concerning the appellant's failure to pay child support, upholding the trial court's dismissal of his petition for modification due to lack of record activity.
• In re Rivers
  160 B.R. 391· M.D. Fla.· 1993-11-09
  The court held that O'Hara Moving & Storage, Inc. willfully violated the automatic stay by selling the debtor's household goods after receiving notice of her bankruptcy filing, and awarded actual damages and attorney fees.
• Whitaker v. Interstate Commerce Comm'n (In Re Olympia Holding Corp.)
  161 B.R. 524· M.D. Fla.· 1993-09-10
  The court held that while the bankruptcy court had authority to enjoin the ICC's show cause order as it exceeded statutory authority, it abused its discretion by enjoining all future ICC proceedings.
• In re del Mission Ltd. v. Taxel
  998 F.2d 756· 9th Cir.· 1993-07-16
  The State of California cannot recover postpetition interest on prepetition unsecured taxes and is barred from recovering prepetition penalties because the estate's assets were exhausted before reaching the seventh priority class.
• Hillis Motors, Inc. v. Haw. Auto. Dealers' Ass'n
  997 F.2d 581· 9th Cir.· 1993-06-28
  The court held that the DCCA's dissolution of Hillis Motors violated the automatic stay because Hillis' corporate property remained part of the bankruptcy estate post-confirmation.
• Octagon GAS Sys., Inc. v. Rimmer
  995 F.2d 948· 10th Cir.· 1993-05-27
  The court held that the 'interest' in dispute was not part of the bankruptcy estate because it was conveyed by a prior sales agreement and the parties' intent and course of dealing indicated it was not a security interest under Article 9 of the U.C.C.
• In re Paeplow
  972 F.2d 730· 7th Cir.· 1992-08-10
  A creditor cannot pursue an in rem action against a debtor's entirety property post-discharge if they failed to obtain a judicial lien against that property prior to the discharge.
• In re Convenient Food Mart NO. 144, Inc. v. Convenient Indus. OF Am., Inc.
  968 F.2d 592· 6th Cir.· 1992-06-30
  A tenancy at sufferance is a possessory interest within the scope of a bankruptcy estate, and a bankruptcy court's sanctions order based on a misunderstanding of its own prior order will be reversed.
• In re Wayco
  947 F.2d 1330· 7th Cir.· 1991-11-14
  Tenant security deposits held by a landlord, which are segregated and maintained in trust, do not constitute property of the bankruptcy estate under Wisconsin law if the landlord has not demonstrated tenant damage or non-payment of rent.
• Wissman v. Pittsburgh Nat'l Bank
  942 F.2d 867· 4th Cir.· 1991-08-21
  The court held that a debtor can exempt a cause of action without the trustee's formal abandonment, and that an exemption up to the statutory maximum provides sufficient standing to pursue the action.
• In re ST. Clare's Hosp. & Health Ctr. v. Ins. Co. OF N. Am.
  934 F.2d 15· 2d Cir.· 1991-05-17
  The court held that the hospital provided timely notice of the malpractice claim under the insurance policy, and therefore the insurer has a duty to defend and indemnify.