Turnover Proceeding

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

• Matter of Cash Currency Exch., Inc. v. Shine
  762 F.2d 542· 7th Cir.· 1985-05-21 ·cited 67×
  Community currency exchanges are not excluded from being debtors under the Bankruptcy Code, as they do not accept deposits and are not the substantial equivalent of excluded financial institutions.
• In re Rubin
  378 F.2d 104· 3d Cir.· 1967-06-05 ·cited 32×
  The court held that the driver-salesmen could not be held in contempt for violating a vague court order regarding debtor's property because the order did not specifically identify the routes as the debtor's property and ownership was not clearly established.
• The First Nat'l Bank OF Clinton v. Vance Julian in Bankruptcy of Roby C. Woody
  383 F.2d 329· 8th Cir.· 1967-08-08 ·cited 24×
  The court held that the Referee's findings regarding the Bank's chattel mortgages, the Reserve Account setoff, and the surcharge for the GMAC-repossessed car were clearly erroneous and reversed the turnover order.
• Willyerd v. Buildex Co.
  463 F.2d 996· 6th Cir.· 1972-07-06 ·cited 22×
  A bankruptcy court lacks summary jurisdiction to enforce a disputed debt against a third party who claims the debt is not owed, and the district court has the power to review a referee's order affirming such jurisdiction.
• Seligson v. Goldsmith
  128 F.2d 977· 2d Cir.· 1942-06-26 ·cited 19×
  The court affirmed the order directing the respondent to deliver the bankrupt's property or its value, despite reservations about the presumption used to support such orders.
• In re Land Invs., Inc. v. Whyte
  544 F.2d 925· 7th Cir.· 1976-11-16 ·cited 18×
  The bankruptcy court had summary jurisdiction over the judgment proceeds because the bankrupt retained title, and the court could determine the extent of attorneys' liens and validity of assignments.
• Bankruptcy v. Myers
  266 F.2d 353· 2d Cir.· 1959-05-07 ·cited 18×
  A person with actual knowledge of a pending bankruptcy petition is deemed not to act in good faith, rendering post-petition transfers invalid against the trustee, regardless of consideration paid.
• In re Visiting Home Servs., Inc. v. The Indus. Comm'n OF Utah
  643 F.2d 1356· 9th Cir.· 1981-05-01 ·cited 16×
  The court held that the bankruptcy court had summary jurisdiction to order the turnover of funds garnished by the state, as the state was merely a custodian and not the real party in interest, and the garnishment occurred during the automatic stay.
• In re Am. S. Publ'g Co. v. Bailes
  426 F.2d 160· 5th Cir.· 1970-04-20 ·cited 16×
• 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 Monika Thekla Kahihikolo v. Gen. Fin. Corp. OF Ga.
  807 F.2d 1540· 11th Cir.· 1987-01-08 ·cited 14×
  The appeal is dismissed as moot because the creditor sold the collateral after the bankruptcy court lifted the automatic stay, and the trustee failed to obtain a stay pending appeal.
• In re Goodson Steel Corp. v. Myron M. Sheinfeld for Goodson Steel Corp.
  488 F.2d 776· 5th Cir.· 1974-01-28 ·cited 14×
  The court held that the Payroll Account was a general deposit, not subject to trust restrictions, entitling the bank to set off the funds against the debt, except for the amount of a check presented before the set off.
• In re Kan. City Journal-Post Co. Bostian v. Schapiro
  144 F.2d 812· 8th Cir.· 1944-08-11 ·cited 14×
  A bankruptcy court lacks summary jurisdiction over a dispute concerning property held by a third party under a substantial and genuinely controverted adverse claim, even if that claim relies on a statute.
• In re Joslyn's Estate. Fisher v. Young
  168 F.2d 803· 7th Cir.· 1948-06-04 ·cited 12×
  The Bankruptcy Court lacked summary jurisdiction to enter orders against an attorney who claimed an equitable lien on funds not in the court's possession, especially when the attorney timely objected to summary jurisdiction.
• In re N. Ind. Oil Co., Inc. v. Surprise
  180 F.2d 669· 7th Cir.· 1950-02-06 ·cited 10×
  The court held that the trustee failed to acquire title to the leasehold estates because he did not affirmatively adopt the leases as required by Section 70(b) of the Bankruptcy Act.
• Cohen v. Jeskowitz
  144 F.2d 39· 2d Cir.· 1944-07-21 ·cited 10×
• Bass v. Lemuel C. Hutchins in Bankr. of Miracle Marine Sales Co.
  417 F.2d 692· 5th Cir.· 1969-10-16 ·cited 8×
  The court held that the principal place of business requirement under § 2(a)(1) of the Bankruptcy Act is a venue provision, not a jurisdictional one, and that the inference of continued possession of misappropriated funds is reasonable less than a year after withdrawal.
• Tucson House Constr. Co. & Robert E. McKee Gen. Contractor, Inc. v. Walter E. Fulford in Bankr. of Fike Plumbing & Heating Co., Inc.
  378 F.2d 734· 9th Cir.· 1967-05-11 ·cited 8×
  The court held that a general contractor's voluntary post-bankruptcy payment of a bankrupt subcontractor's suppliers, to enable a set-off against its own debt to the subcontractor, is a prohibited set-off under § 68b(2) of the Bankruptcy Act.
• Bank of Cal. v. McBride. in re W. Bond & Mortg. Co.
  132 F.2d 769· 9th Cir.· 1943-01-14 ·cited 8×
  The bankruptcy court had summary jurisdiction to order the turnover of property transferred through a series of sham transactions, and could award ancillary relief such as rental value.
• In re Am. Packers Exch. Inc.
  449 F.2d 1313· 1st Cir.· 1971-11-09 ·cited 7×
  The court held that the inference of possession of corporate records by the appellant on the date of the turnover order was warranted by the evidence, including prior possession, unexplained disappearance of documents, and the appellant's lack of credibility.
• In re Gallucci v. Grant
  931 F.2d 738· 11th Cir.· 1991-05-16 ·cited 6×
  The bankruptcy court lacked subject-matter jurisdiction to order a turnover of property that was not part of the bankruptcy estate, even if acquired by the trustee through a compromise or gift.
• In re Willington Convalescent Home, Inc. v. State OF Conn.
  850 F.2d 50· 2d Cir.· 1988-06-15 ·cited 6×
  Section 106(c) of the Bankruptcy Code does not waive a state's Eleventh Amendment immunity from suits seeking monetary recovery for turnover proceedings or avoided preferential transfers.
• William B. Teasdale in Bankr. of Royal Laundries, Inc. v. Robinson
  290 F.2d 108· 8th Cir.· 1961-05-12 ·cited 6×
  The court held that the Robinsons' claim to the $87,000 was colorable and not a substantial adverse claim, thus the bankruptcy court had summary jurisdiction to order its turnover.
• First Bank of Marianna v. Pinckney. in re Beall's Estate
  139 F.2d 575· 5th Cir.· 1944-01-05 ·cited 6×
  The bankruptcy court had summary jurisdiction to order the turnover of funds paid by estate executors to a bank, and the payment was properly ordered returned as it discharged the bankrupt's debt, not the estate's.
• In re W. Produce Corp.
  118 F.2d 274· 2d Cir.· 1941-03-17 ·cited 6×
  The court held that the trustee failed to prove possession or control of diverted assets, and that certain payments were preferential but not voidable. The objection to summary jurisdiction over the Buick was untimely.
• In re G.S. Omni Corp. v. United States
  835 F.2d 1317· 10th Cir.· 1987-12-30 ·cited 4×
  A creditor need not file a proof of claim as a prerequisite to asserting a right of setoff under 11 U.S.C. § 553 until discharge is ordered.
• Adeline Frasch v. Wilson
  413 F.2d 69· 9th Cir.· 1969-06-03 ·cited 4×
  The court held that the referee abused his discretion by refusing to reconsider the issue of summary jurisdiction, especially when the order decreeing jurisdiction was entered without notice and an opportunity to be heard.
• Solomon v. Allied BLDG. Credits, Inc.
  209 F.2d 828· 8th Cir.· 1954-02-10 ·cited 4×
  The bankruptcy court lacked summary jurisdiction to compel the turnover of payments made to a creditor from funds acquired by the bankrupt after the filing of the bankruptcy petition, where the creditor acted in good faith and for valuable consideration.
• In re Berkeley Press
  130 F.2d 163· 3d Cir.· 1942-08-19 ·cited 4×
  The court held that the chattel mortgage was valid and that the trustee had met the burden of proof regarding misappropriated funds. The district court's reasoning on the burden of proof was incorrect.
• 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 Kan. City Journal-Post Co. Bostian v. Newman
  144 F.2d 819· 8th Cir.· 1944-08-11 ·cited 3×
  The court held that the president of a bankrupt corporation, who withdrew corporate funds for personal use without board authorization, was not an adverse claimant and was subject to a turnover order.
• In re Smith v. United States
  921 F.2d 136· 8th Cir.· 1990-10-19 ·cited 2×
  The appeal is dismissed as moot because the outcome would have no practical effect on the parties' rights or obligations regarding the tax penalty or the overpayment.
• In re Cassidy Land & Cattle Co., Inc. v. McCARTY Ranch Tr.
  836 F.2d 1130· 8th Cir.· 1988-02-10 ·cited 2×
  A bankruptcy court has jurisdiction to foreclose a mortgage that constitutes the sole asset of the bankrupt estate and is held by the bankrupt, as this constitutes a 'core proceeding' under 28 U.S.C. § 157(b)(2)(E).
• Merritt Commercial Sav. & Loan, Inc. v. Guinee
  766 F.2d 850· 4th Cir.· 1985-07-02 ·cited 2×
  A surety has a right to intervene in a bankruptcy proceeding to compel a creditor to assert a setoff against an insolvent debtor, thereby reducing the surety's liability.
• In re Robison
  665 F.2d 166· 7th Cir.· 1981-11-30 ·cited 2×
  Failure to comply with Illinois Motor Vehicle Code provisions for assigning and delivering a certificate of title does not render a purported transfer of a vehicle invalid as to a trustee in bankruptcy.
• In re Penco Corp. v. Carmen Cosmetics, Inc.
  465 F.2d 693· 4th Cir.· 1972-09-06 ·cited 2×
  The court held that the Referee erred in asserting summary jurisdiction over the Trustee's claim for an indebtedness, and that the turnover order was subject to review by the district court.
• Bank OF Marin v. John M. England in Bankr. in the matter of Marin Seafoods, Inc.
  352 F.2d 186· 9th Cir.· 1965-10-28 ·cited 2×
  A bank that honors a depositor's checks after the depositor files for bankruptcy is liable to the trustee for the amount paid, even if the bank had no actual notice of the bankruptcy filing.
• Phillips v. Vitemb
  235 F.2d 11· 5th Cir.· 1956-06-30 ·cited 2×
  The court held that funds deposited into Betty's bank account during her marriage, which were commingled with her separate property, were presumed to be community property and thus belonged to the bankrupt estate. The purchase of real property with these funds was therefore deeme
• In re Blackwell v. Chambers
  194 F.2d 750· 7th Cir.· 1952-03-07 ·cited 2×
  Bankruptcy courts have summary jurisdiction to adjudicate controversies over property in their actual or constructive possession, even if a third party asserts a claim, provided that claim is not substantial.
• Brandt v. Fed. Deposit Ins. (In Re Se. Banking Corp. Sec. & Loan Loss Reserves Litigation)
  212 B.R. 386· S.D. Fla.· 1997-08-01
  The court held that the FDIC did not waive its attorney-client and work product privileges through inadvertent disclosure, and that the Trustee was not entitled to a joint privilege in the post-closing documents.
• In re Dunn
  988 F.2d 45· 7th Cir.· 1993-03-09
  The court affirmed the district court's judgment that debtor's 401(k) contributions are excluded from the bankruptcy estate, based on the Supreme Court's decision in Patterson v. Shumate.
• UNI Imports v. Aparacor
  978 F.2d 984· 7th Cir.· 1992-11-02
• In re Corland Corp. v. Duke Salisbury
  967 F.2d 1069· 5th Cir.· 1992-08-12
  Payments made by a guarantor directly to a creditor are not property of the estate and cannot be avoided by the trustee under § 549, and a guarantor may offset such payments against a debt owed to the debtor.
• Beauvais v. Allegiance Sec., Inc.
  942 F.2d 838· 2d Cir.· 1991-08-28
  The court held that the district court erred by not determining if the judgment debtor was entitled to possession of the funds held by the third party, a necessary step under CPLR 5225(b).
• In re Esley L. Corbin, Sr. v. Todd
  350 F.2d 514· 6th Cir.· 1965-09-14
  A garnishment lien obtained within four months of bankruptcy is void under § 67(a) of the Bankruptcy Act if title to the funds had not yet passed to the creditor.
• Cadwell v. Elliott
  319 F.2d 598· 9th Cir.· 1963-06-24
  A bankruptcy referee lacks summary jurisdiction over a contested claim involving a fiduciary breach and a preference over six months old; a plenary suit is required.
• Arnold v. Cleo P. King in Bankruptcy of James C. Bookey, Sr.
  236 F.2d 877· 9th Cir.· 1956-08-27
  The court held that the referee had summary jurisdiction because the adverse claims were colorable, the transfer of assets violated the Bulk Sales Act, and the new entity was a continuation of the bankrupt business to conceal assets.
• Shideler v. Rochelle
  207 F.2d 95· 5th Cir.· 1953-09-09
  A turnover order is improper if the property or its proceeds have already been dissipated at the time the proceeding is instituted, regardless of the reason for dissipation.
• ALT v. Burt
  181 F.2d 996· 6th Cir.· 1950-04-18
  The dissenting judge holds that the claim of Anna C. Alt was merely colorable and properly adjudicated by summary proceedings.
• In re Kan. City Journal-Post Co. Bostian v. Rosen
  144 F.2d 808· 8th Cir.· 1944-08-11
  The court held that the lower court's reversal of the referee's turnover order was improper because a specific finding was needed on whether the possession of the stock certificate was intended to further the mortgage lien or for another purpose.