Legal Opinion
Brian Shapiro v. Barbara Henson
Court of Appeals for the Ninth Circuit
Decided January 9, 2014No. 11-16019PublishedCited by 27 opinions
1Opinion of the Court
OPINION
N.R. SMITH, Circuit Judge:
Bankruptcy Code § 542(a) grants a bankruptcy trustee the power to recover property of the debtor’s estate or such property’s value. With this power, the trustee may seek recovery from entities having “possession, custody, or control” of the property sought, whether the property was in the entity’s possession, custody, or control at the time the motion was filed or at any other point during the pendency of the bankruptcy ease. Therefore, we reverse the district court’s decision affirming denial of bankruptcy trustee Brian Shapiro’s motion for turnover and…
2Cases cited14 opinions
- Maggio v. ZeitzSupreme Court of the United States · 1948
- Hallstrom v. Tillamook CountySupreme Court of the United States · 1990
- United States v. WellsSupreme Court of the United States · 1997
- United States v. Calvin Wayne BucklandCourt of Appeals for the Ninth Circuit · 2002
- Securities and Exchange Commission v. Kevin Michael McCarthy Thomas William BlodgettCourt of Appeals for the Ninth Circuit · 2003
9 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- Spradlin v. Khouri (In re Bruner)Bankruptcy Appellate Panel of the Sixth Circuit · 2017
- Hardy v. Ross (In re Hardy)Court of Appeals for the D.C. Circuit · 2018
- Collins v. WolfDistrict Court, S.D. California · 2018
- Hardy v. Ross (In re Hardy)District Court, District of Columbia · 2016
- Brandon v. Sherwood (In re Sann)United States Bankruptcy Court, D. Montana · 2016
22 more not listed; retrieve them via the Exa API.