French v. Johnson (In Re Coomer)

How courts have described this case

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

• noting that Section 541(a) “places [the debtor’s] ‘interest’ in the bankruptcy estate”
• “a bankruptcy trustee may not compel the turnover of property pursuant to § 542(a) if the debtor had no right to obtain the property.”
• “although not specifically stated in § 542, fundamental to the concept of ‘Turnover’ is that the asset to be turned over must be property of the debtor’s bankruptcy estate”
• “The adjudication of matters concerning the turnover of estate property are deemed to be core proceedings over which this Court has the jurisdictional authority to enter final orders and judgments.”
• “[F]or property such as [a] tax overpayment in which the debtor does not yet have, but will in the future obtain a possessory interest, a trustee is authorized to keep an estate open so as to allow that interest to vest.”

Source: CourtListener parenthetical corpus (CC0).