From the Editor – Property of Estate and Exemptions • NACTT Academy

From the Editor – Property of Estate and Exemptions

By The Honorable William Houston Brown (Retired)

Turnover to trustee not restricted to property of estate at time motion filed. The Chapter 7 debtor had a checking account at commencement of case, with an account balance, and the Ninth Circuit held that the plain language of § 542(a) permitted turnover against an entity at any time during the pendency of the case, even if that entity no longer had possession, custody or control over the property at the time the motion is filed. When the debtor has or had possession of the property at some point . . .

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