· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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