Legal Opinion
Geltzer v. Balgobin (In re Balgobin)
United States Bankruptcy Court, E.D. New York
Decided March 22, 2013No. Bankruptcy No. 11-40049-CEC; Adversary No. 12-1061-CECPublishedCited by 7 opinions
1Opinion of the Court
*17 DECISION
CARLA CRAIG, Chief Judge.
This matter presents a frequently encountered question: when can a claimed equitable interest in property in which the debtor holds legal title, asserted by a third party, be given effect in bankruptcy? Here, the Chapter 7 trustee seeks turnover of an automobile titled in the debtor’s name, but in possession of the debtor’s son. The debtor and his son contend that the debtor holds only legal title to the automobile, subject to the son’s equitable interest, and that the vehicle therefore is not property of the estate. Because the undisputed facts do not…
2Cases cited39 opinions
- Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
- Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
- Brown v. Eli Lilly and Co.Court of Appeals for the Second Circuit · 2011
- Central States, Southeast & Southwest Areas Pension Fund v. Central Transport, Inc.Supreme Court of the United States · 1985
- Simonds v. SimondsNew York Court of Appeals · 1978
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3Cited by7 opinions
- Kramer ex rel. estate of Chin v. Chin (In re Chin)United States Bankruptcy Court, E.D. New York · 2013
- Entegra Power Group LLC v. Dewey & Leboeuf LLP (In re Dewey & Leboeuf LLP)United States Bankruptcy Court, S.D. New York · 2013
- Kinney v. GallagherDistrict Court, W.D. New York · 2015
- In re FetmanUnited States Bankruptcy Court, E.D. New York · 2017
- In re: Kathleen Kellogg-TaxeUnited States Bankruptcy Appellate Panel for the Ninth Circuit · 2018
2 more not listed; retrieve them via the Exa API.