Property Of The Estate (11 U.S.C. § 541)

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

• A.H. Robins Co. v. Piccinin
  788 F.2d 994· 4th Cir.· 1986-04-10 ·cited 104×
  The court held that bankruptcy courts have broad power to enjoin suits against non-debtors when such suits could affect the bankruptcy estate, either under statutory provisions like 11 U.S.C. § 362 and § 105, or under general equitable powers.
• In re Thomas v. Thomas
  883 F.2d 991· 11th Cir.· 1989-09-15 ·cited 70×
  The court held that SouthTrust's lien on the mobile home was not voided by the debtors' Chapter 13 plan confirmation, and SouthTrust was entitled to relief from the stay to pursue its detinue action.
• In re Bialac v. Bialac
  712 F.2d 426· 9th Cir.· 1983-08-04 ·cited 56×
  A pre-foreclosure right to redeem collateral, even if held by a debtor with only a fractional interest, constitutes 'property of the estate' protected by the automatic stay under 11 U.S.C. § 362.
• E.F. Hutton & Co., Inc. v. Hadley
  901 F.2d 979· 11th Cir.· 1990-05-21 ·cited 40×
  A bankruptcy trustee lacks standing to assert claims belonging to specific customer creditors when those claims are not owed to the bankrupt estate itself.
• In re Davis
  730 F.2d 176· 5th Cir.· 1984-03-30 ·cited 38×
  The court held that the asbestos workers failed to demonstrate a clear and indisputable right to extraordinary relief from the bankruptcy court's stay orders, and that adequate alternative remedies were available.
• MacARTHUR Co. & W. MacArthur Co. v. Johns-Manville Corp.
  837 F.2d 89· 2d Cir.· 1988-01-19 ·cited 36×
  The Bankruptcy Court had jurisdiction over the insurance policies as property of the debtor's estate and the authority to issue injunctive orders channeling third-party claims to settlement proceeds.
• In re State OF Mo. v. U. S. Bankr. Court FOR the E. D. OF Ark. & the Hon. Charles W. Baker
  647 F.2d 768· 8th Cir.· 1981-04-08 ·cited 36×
  The bankruptcy court has exclusive jurisdiction over the grain and warehouses, and state proceedings to enforce pecuniary interests are stayed.
• In re Smith
  640 F.2d 888· 7th Cir.· 1981-02-17 ·cited 22×
  A debtor's cause of action for violations of the Truth in Lending Act and similar state statutes is 'property' that may be claimed as exempt under 11 U.S.C. § 522(d)(5).
• In re Saylors v. Saylors
  869 F.2d 1434· 11th Cir.· 1989-04-10 ·cited 18×
  A chapter 13 plan may cure a home mortgage arrearage even after the debtor received a chapter 7 discharge of the underlying debt, as the debt transforms into a nonrecourse obligation and the debtor retains equitable redemption rights.
• United States v. Devall
  704 F.2d 1513· 11th Cir.· 1983-05-16 ·cited 18×
  The Social Security Administration is required to comply with bankruptcy court income deduction orders for Chapter 13 debtors' social security benefits.
• In re Atl. Bus. & Cmty. Corp. v. Atl. Bus. & Cmty. Dev. Corp.
  901 F.2d 325· 3d Cir.· 1990-04-18 ·cited 16×
  A debtor's possessory interest in property, even under a tenancy at sufferance, is protected by the automatic stay, and intentional interference with that interest constitutes a willful violation warranting damages.
• In re Computer Commc'ns, Inc. v. Codex Corp.
  824 F.2d 725· 9th Cir.· 1987-08-07 ·cited 16×
  The court held that Codex violated the automatic stay provision of the Bankruptcy Code by unilaterally terminating its contract with CCI without seeking relief from the bankruptcy court.
• In re Rigden v. Aldrich
  795 F.2d 727· 9th Cir.· 1986-07-24 ·cited 9×
  The court held that the standard of care for bankruptcy trustees in corporate debtor cases should be the deferential business judgment rule, analogous to nonbankruptcy management.
• In re Tucson Ests., Inc. v. Tucson Ests., Inc.
  912 F.2d 1162· 9th Cir.· 1990-08-30 ·cited 8×
  The court held that the bankruptcy court abused its discretion by reimposing the stay on state litigation, as state law governed the issues and abstention was appropriate. The cross-appeal regarding judgment recordation was deemed moot.
• In re Carroll v. Tri-Growth Ctr. City, Ltd.
  903 F.2d 1266· 9th Cir.· 1990-05-23 ·cited 8×
  The management agreement is property of the estate and protected by the automatic stay, thus Tri-Growth's termination without seeking relief from the stay was a violation.
• Riggs Nat'l Bank OF Wash. v. Perry
  729 F.2d 982· 4th Cir.· 1984-03-16 ·cited 7×
  The court held that while a due-on-bankruptcy clause alone is not cause to lift the automatic stay, the debtor's lack of equity in property requires the court to grant relief from the stay unless adequate protection is provided.
• In re Lockard v. Lockard
  884 F.2d 1171· 9th Cir.· 1989-09-05 ·cited 6×
  The court held that the state court's unsigned minute entry order was not sufficiently final or appealable to have preclusive effect, and that the contractor's license bond was not property of the bankruptcy estate, thus the automatic stay did not apply to the action against the
• Cntys. Contracting & Constr. Co. v. Constitution Life Ins. Co.
  855 F.2d 1054· 3d Cir.· 1988-08-31 ·cited 6×
  The court held that the automatic stay provision of the Bankruptcy Code does not toll the expiration of an insurance policy's grace period, but section 108(b) extends it by 60 days, and the debtor must affirmatively assume an executory contract under section 365.
• In re Colonial Realty Co. v. Hal M. Hirsch
  980 F.2d 125· 2d Cir.· 1992-11-20 ·cited 5×
  The court held that the FDIC's action to recover fraudulently transferred assets is subject to the automatic stay of 11 U.S.C. § 362, as it constitutes an action to recover a claim against the debtor, and the FDIC's statutory rights do not implicitly repeal or limit the automatic
• In re FCX, Inc. v. FCX, Inc.
  853 F.2d 1149· 4th Cir.· 1988-08-11 ·cited 5×
  The court held that 11 U.S.C. § 1123(a)(5)(D) allows a debtor to surrender collateral, such as patronage certificates, to satisfy a secured claim, overriding restrictive non-bankruptcy law. The court also held that valuing the certificates at face value for immediate setoff meets
• 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 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.
• 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
• 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 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).
• 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.
• 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.
• 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.
• 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.