Legal Opinion
In Re Riding
United States Bankruptcy Court, D. Utah
Decided December 5, 1984No. 19-20523PublishedCited by 32 opinions
1Opinion of the Court
MEMORANDUM OPINION AND ORDER
JOHN H. ALLEN, Bankruptcy Judge.
CASE SUMMARY
This matter concerns the procedural aspects of litigating turnover of property of the debtor’s estate under 11 U.S.C. § 542. 1 The Court is called upon to decide whether a Chapter 13 debtor may commence a turnover proceeding by motion. This opinion is written to encourage and facilitate a uniform practice under the Bankruptcy Rules. The Court holds that a proceeding for turnover of property must be instituted by complaint in accordance with Part VII of the Bankruptcy Rules.
BACKGROUND
On May 15, 1984, the debtors filed a…
2Cases cited184 opinions
- United States v. Whiting Pools, Inc.Supreme Court of the United States · 1983
- Maggio v. ZeitzSupreme Court of the United States · 1948
- Mueller v. NugentSupreme Court of the United States · 1902
- In Re Joseph C. Taddeo and Ellen A. Taddeo, Debtors. Elfriede Di Pierro v. Joseph C. Taddeo and Ellen A. Taddeo and Richard J. McCord Interim TrusteeCourt of Appeals for the Second Circuit · 1982
- Bardes v. Hawarden BankSupreme Court of the United States · 1900
179 more not listed; retrieve them via the Exa API.
3Cited by32 opinions
- In Re Jensen-Farley Pictures, Inc.United States Bankruptcy Court, D. Utah · 1985
- In the Matter of Thomas J. Perkins, Jr., Debtor-Appellant, and Appeal of Teachers' Retirement System of the State of Illinois, InterveningCourt of Appeals for the Seventh Circuit · 1990
- Lesser v. A-Z Associates (In Re Lion Capital Group)United States Bankruptcy Court, S.D. New York · 1985
- Greene v. Schmukler (In Re De Berry)United States Bankruptcy Court, E.D. New York · 1986
- In Re McNeelyUnited States Bankruptcy Court, D. Utah · 1985
27 more not listed; retrieve them via the Exa API.