This case centered on whether rent collected by the debtors becomes part of the bankruptcy estate even though the right to collect the rents had been absolutely assigned to their lender PHH Mortgage (“PHH” or “assignee”). Relying on In re Jason Realty, 59 F.3d 423 (3d Cir. 1995), the bankruptcy court found that PHH, as assignee, was the owner of the right to collect rents and, therefore, the debtor had no ownership interest to augment the bankruptcy estate. The district court affirmed. In re Cordova, No. 13-810 (D. N.J. Oct. 22, 2013). [Read more…] about Absolute Assignment of Rents Precludes Turnover
In re Henson, No. 11-16019 (9th Cir.)
Type: Amicus
Date: December 12, 2012
Issue: Whether trustee has the power to require debtor to turnover property no longer in debtor’s possession.
Result: Reversed and remanded, No. 11-16019 (9th Cir. Jan. 9, 2014)
Weber v. SEFCU, No. 12-1632 (2d Cir.)
Type: amicus
Date: September 5, 2012
Description: Whether creditor has affirmative duty under section 542 to turn over repossessed collateral to estate upon learning of bankruptcy filing.
Result: Judgment affirmed, May 8, 2013
In re Mwangi, No. 09-1408 (B.A.P. 9th Cir.)
Type: Amicus
Date: April 1, 2010
Description: Whether bank’s administrative hold on debtor’s account violates the automatic stay or turnover provisions.
Result: Reversed. Debtor won.
Mwangi BAP 9th Cir NACBA amicus
Brown v. Pyatt, No. 06-3404 (8th Cir.)
Type: Amicus
Date: January 24, 2007
Description: Whether debtor must reimburse the estate where pre-petition checks are cashed post-petition.
Result: Affirmed. Debtor won. 486 F.3d 423 (8th Cir. 2007)
Pyatt 8th Cir opinion Pyatt NACBA amicus 8th Cir