Legal Opinion

Ring ex rel. Bankruptcy for Swan v. Swan (In re Swan)

United States Bankruptcy Court, W.D. New York

Decided February 18, 2014No. Bankruptcy No. 08-11210 K; Adversary No. 13-1027 KPublished

1Opinion of the Court

OPINION AND ORDER

MICHAEL J. KAPLAN, Bankruptcy Judge.

In this Court the terms “turnover motion” and “turnover order” are misnomers much of the time, and they are misnomers in this particular case. After a § 341 meeting has closed, motions for “turnover” under 11 U.S.C. § 542 are a handy device to enforce a debtor’s duty of co-operation under 11 U.S.C. § 521. For example, “turn over information about” this or that. Such a notion also initiates negotiation about assets that are partially exempt under 11 U.S.C. § 522 (e.g. “turn over the car or an offer to purchase the non-exempt equity”). It…

2Cases cited3 opinions

  1. In Re LangUnited States Bankruptcy Court, W.D. New York · 2010
  2. In Re Gold & Silversmiths, Inc.United States Bankruptcy Court, W.D. New York · 1994
  3. In Re SchickUnited States Bankruptcy Court, W.D. New York · 2011

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