Federal Case

How courts have described this case

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

• ruling that an entity lacking present possession of estate property cannot be compelled to turn over such property
• holding that § 542(a) “permits a trustee to compel turnover only from entities which have control of property of the estate or its proceeds at the time of the turnover demand”
• acknowledging that debt- or had control over account funds sufficient for trustee to compel turnover under Section 542(a) before bank honored certain checks written pre-petition
• stating that 542(b) obligates banks to turn over funds in the debtor’s bank account to the trustee
• holding that section 542 may not be used to recover property of the estate from a third party if that property is no longer in the possession of the third party at the time the § 542 motion or adversary proceeding is filed
• stating that “the drafters of § 542(a) made it clear that the turnover obligation applies to property of the estate”

Source: CourtListener parenthetical corpus (CC0).