Legal Opinion
In Re Hernandez
United States Bankruptcy Court, S.D. California
Decided March 19, 2012No. 17-01246PublishedCited by 9 opinions
1Opinion of the Court
MEMORANDUM DECISION
MARGARET M. MANN, Bankruptcy Judge.
Collect Access, LLC (“Collect”) brought a motion (“Motion”) to vacate an order for turnover of personal property entered by the Court at the request of debtor Jose J. Hernandez (“Debtor”). The Motion raises issues about the respective rights of a creditor and debtor in funds that a levying officer has seized, but has not yet turned over to the creditor by the time the debtor files bankruptcy. The Debtor successfully moved the Court to compel turnover of the funds that were held by the sheriff on the petition date. Collect contends the…
2Cases cited31 opinions
- Stern v. MarshallSupreme Court of the United States · 2011
- United States v. Whiting Pools, Inc.Supreme Court of the United States · 1983
- Osterneck v. Ernst & WhinneySupreme Court of the United States · 1989
- Charles E. McDowell Jr. v. Arthur Calderon, WardenCourt of Appeals for the Ninth Circuit · 1999
- Carroll v. NakataniCourt of Appeals for the Ninth Circuit · 2003
26 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Geron v. Peebler (In re Pali Holdings, Inc.)United States Bankruptcy Court, S.D. New York · 2013
- Collect Access LLC v. Hernandez (In Re Hernandez)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2012
- Olsen v. Reuter (In re Reuter)United States Bankruptcy Court, W.D. Missouri · 2013
- In re IngramUnited States Bankruptcy Court, E.D. Wisconsin · 2014
- Field v. Trust Estate of Kepoikai (In re Maui Industrial Loan & Finance Co.)United States Bankruptcy Court, D. Hawaii · 2012
4 more not listed; retrieve them via the Exa API.