Bankruptcy Code § 541 (Property Of The Estate)

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

• In re Kaiser
  791 F.2d 73· 7th Cir.· 1986-05-13 ·cited 28×
  The court held that the land and utilitarian personal property were part of the bankrupt estate, but the ownership of decorative items required further hearing.
• In re Jones
  768 F.2d 923· 7th Cir.· 1985-07-26 ·cited 24×
  A district judge's practice of issuing a written opinion only after a notice of appeal is filed is discouraged as it can impede the appellate process and potentially encourage unnecessary appeals.
• Sumy v. Schlossberg
  777 F.2d 921· 4th Cir.· 1985-11-21 ·cited 21×
  Entireties property owned by a debtor and non-filing spouse is not exempt under § 522(b)(2)(B) to the extent that debts are owed jointly to creditors, and the trustee may administer such property for the benefit of joint creditors under § 363(h).
• Borman v. Raymark Indus., Inc.
  946 F.2d 1031· 3d Cir.· 1991-10-21 ·cited 10×
  The court held that the automatic stay under 11 U.S.C. § 362(a)(1) applies to appeals against a debtor, even if a supersedeas bond was posted before bankruptcy, and that the prior ruling in Mid-Jersey is no longer applicable under the current Bankruptcy Code.
• In re Yonikus
  996 F.2d 866· 7th Cir.· 1993-06-08 ·cited 7×
  A debtor's fraudulent concealment of an asset from the bankruptcy estate constitutes bad faith and is grounds for denying an exemption in that asset, even if the asset might otherwise be considered exempt.
• In re Prudential Lines Inc. v. PSS S.S. Co., Inc.
  928 F.2d 565· 2d Cir.· 1991-03-20 ·cited 5×
  The court held that a Net Operating Loss (NOL) carryforward attributable to a bankrupt subsidiary is property of the subsidiary's bankruptcy estate, and the parent company cannot take a worthless stock deduction that would eliminate the NOL's value to the estate.
• 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 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 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.
• 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.