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· 9/14/1995

Boyer v. Davis (In Re U.S.A. Diversified Products, Inc.)

Citations

  • 193 B.R. 868
  • 35 Collier Bankr. Cas. 2d 832
  • 1995 Bankr. LEXIS 2009

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • suggesting that Maggio has been effectively overruled by the enactment of 11 U.S.C. § 542(a) which allows a trustee to recover the asset or the \value of such property\
  • suggesting that Maggio has been effectively overruled by the enactment of 11 U.S.C. § 542(a) which allows a trustee to recover the asset or the “value of such property”
  • holding funds transferred from the debtor’s Merrill Lynch account to the trust account of the attorneys for the principal remained debtor’s property and were subject to turnover under 11 U.S.C. § 542(a)
  • \[S]tate law principles concerning funds held in an attorney's trust account are so fundamental that they are not questioned.\
  • “[T]he inability to obtain summary turnover merely required the trustee to resort to a civil action in a court of appropriate jurisdiction. It never absolved the party who was once in possession of property of the estate of all liability.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Robert E. Grant

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.