Turnover Of Property

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

• In re Graham v. Graham
  726 F.2d 1268· 8th Cir.· 1984-01-20 ·cited 44×
  An ERISA-required anti-alienation provision does not exclude pension funds from the bankruptcy estate under 11 U.S.C. § 541(c)(2), nor does it create a federal exemption under § 522(b)(2)(A).
• In re Cnty. Mgmt., Inc. v. Kriegel
  788 F.2d 311· 5th Cir.· 1986-04-30 ·cited 22×
  The court held that an order remanding a case to the bankruptcy court for further proceedings, including an accounting and determination of heirship, is not a final order and therefore not appealable.
• In the Matters of Am. Nat'l Tr. & Republic Nat'l Tr. v. Loveless
  426 F.2d 1059· 7th Cir.· 1970-05-27 ·cited 22×
  The court held that while a Chapter X trustee can reject executory contracts, a reorganization court lacks summary jurisdiction to adjudicate adverse claims to property held by a third party, even if related to the contract rejection, unless the claimant consents.
• In re Killebrew v. Brewer
  888 F.2d 1516· 5th Cir.· 1989-12-01 ·cited 17×
  The court held that the bankruptcy trustee never legally abandoned the estate's interest in the trust proceeds, and therefore, the proceeds remained property of the estate.
• Am. Mannex Corp. v. Joe D. Huffstutler for Trice Prod. Co.
  329 F.2d 449· 5th Cir.· 1964-03-26 ·cited 16×
  The court held that the respondent-appellant did not have a substantial claim to the property, making a summary proceeding by the Bankruptcy Court proper for turnover.
• In re BOB Richards Chrysler-Plymouth Corp., Inc. v. Bankruptcy
  473 F.2d 262· 9th Cir.· 1973-01-18 ·cited 14×
  A tax refund generated solely by a bankrupt subsidiary's losses, even when filed on a consolidated return managed by the parent, belongs to the bankrupt's estate and cannot be set off against the parent's unsecured debt.
• Kyle v. Stewart
  360 F.2d 753· 5th Cir.· 1966-05-17 ·cited 14×
  The court held that the bankruptcy court had summary jurisdiction to order the turnover of corporate property or its proceeds, even though the property was in the possession of a stockholder, because he held it as a fiduciary under a liquidation agreement.
• United States v. Whiting Pools, Inc.
  674 F.2d 144· 2d Cir.· 1982-03-09 ·cited 13×
  A debtor in possession under Chapter 11 can compel the IRS to turn over tangible assets seized pre-bankruptcy, under § 542 of the Bankruptcy Code, provided adequate protection is given.
• Honeyman et ux. v. Hughes
  156 F.2d 27· 9th Cir.· 1946-05-22 ·cited 13×
  The bankruptcy court had jurisdiction to summarily order the turnover of a deed when the claimant failed to properly object to summary jurisdiction and the court's possession was not denied.
• Milton E. Sahn in Bankr. of Murray Packing Co., Inc. v. Pagano
  302 F.2d 629· 2d Cir.· 1962-04-25 ·cited 12×
  The court held that the referee had jurisdiction to issue a turnover order because the adverse claim of a loan was colorable and unsubstantial, and the bankrupt's property was improperly taken.
• In re Contractors Equip. Supply Co. v. Citibank (Arizona)
  861 F.2d 241· 9th Cir.· 1988-11-10 ·cited 8×
  The bankruptcy court had jurisdiction over the dispute because the account receivable was property of the estate, and the transaction between Citibank and the debtor constituted a security interest, not a sale that transferred ownership.
• In re Missionary Baptist Found. OF Am. Inc. v. United Savings OF Texas
  792 F.2d 502· 5th Cir.· 1986-06-20 ·cited 7×
  Escrow funds were property of the debtor's estate under 11 U.S.C. § 541, and the Trustee retained rights to them after the debtor was released from loan obligations.
• Ethan Allen Turshen for James Louis Chapman v. Chapman
  823 F.2d 836· 4th Cir.· 1987-07-24 ·cited 6×
  The court held that tax refunds received by a debtor post-petition are property of the bankruptcy estate and must be turned over, and that a prior unappealed bankruptcy court ruling on a trustee's conduct bars relitigation of the same issue for damages.
• Gorenz v. State of Ill. Dep't of Agric.
  653 F.2d 1179· 7th Cir.· 1981-07-15 ·cited 5×
  The bankruptcy court cannot summarily adjudicate claims to property not in its possession unless the claimant's claim is unsubstantial and without color of merit.
• In re Bevill v. The Sav. Bldg. & Loan Co.
  896 F.2d 54· 3d Cir.· 1990-02-22 ·cited 4×
  The court held that while interest and GNMA payments held by Savings were not mutual debts subject to setoff, the Treasury Bonds were. The Repo Amendments exception to the automatic stay applied, allowing setoff.
• In re NWFX, Inc. v. Crown Convenience
  864 F.2d 588· 8th Cir.· 1988-11-30 ·cited 4×
  The court held that unjust enrichment should be measured by the total amount of money received, not by the amount not dissipated.
• 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.
• United States v. Challenge Air Int'l
  123 B.R. 661· S.D. Fla.· 1991-01-03 ·cited 2×
  In this bankruptcy appeal, the District Court affirmed the Bankruptcy Court's determination that funds held by American Express pursuant to an airline credit card service agreement constituted property of Challenge Air's bankruptcy estate, notwithstanding an IRS levy and tax lien
• Bankruptcy v. Palmer
  625 F.2d 321· 9th Cir.· 1980-08-13 ·cited 2×
  The bankruptcy court possessed summary jurisdiction over the stock, and the district court erred in finding otherwise. However, the injunction against Mr. Palmer's state court action was properly vacated due to lack of evidence of interference.
• Barry v. Hialeah Miami Springs Med. Fund
  184 B.R. 611· S.D. Fla.· 1995-07-24 ·cited 1×
  The court affirmed the bankruptcy court's grant of summary judgment, holding that the debtor was unjustly enriched by retaining post-petition distributions that were property of the bankruptcy estate.
• Howard Ave. Station, LLC v. Ortiz
  M.D. Fla.· 2022-09-22
  A Chapter 11 debtor (HAS) filed an adversary proceeding in bankruptcy court against a bar tenant (Dubliner) seeking possession of an outdoor deck area, relying in part on state court findings from an earlier dispute between the same parties over whether the deck belonged to Dubli
• BSL Invs., II v. Downey Sav. & Loan Ass'n
  649 So. 2d 331· Fla. 5th DCA· 1995-01-27
  BSL Investors and two general partners appeal a partial summary judgment for $847,155.74 obtained by Downey Savings in a hotel foreclosure action. The court reversed, finding the judgment was entered without proper basis in the pleadings, without a motion seeking it, and through
• In re Interactive Video Res., Inc.
  170 B.R. 716· S.D. Fla.· 1994-07-26
  The court affirmed in part and reversed in part the bankruptcy court's decision, compelling arbitration between Centec and IVR but not Fidelity, and affirming the denial of Centec's motion for relief from the automatic stay and the denial of rehearing.
• Stoumbos v. Whitesides
  988 F.2d 949· 9th Cir.· 1993-03-09
  The court held that Kilimnik's security interest was limited to assets owned on May 1, 1982, except for after-acquired inventory securing working capital advances, and that his transfer of vehicles and withdrawal from the LAMA were improper.
• In re Ewing v. Ewing
  852 F.2d 1057· 8th Cir.· 1988-07-28
  The court held that the district court properly affirmed the bankruptcy court's preclusion of evidence regarding the debtors' right to recover a Mercedes Benz, as the matter was barred by res judicata and the settlement agreement precluded reinstatement of the appeal.