Bankruptcy Motion Samples For Turnover
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FAQ
Requesting a Turnover Order As governed by Texas Civil Practice and Remedies Code §31.002, in turnover proceedings the Court may: order the debtor to deliver the property to the sheriff or constable to sell at auction to satisfy the judgment. apply the property to satisfy the judgment.
Under the Bankruptcy Code, turnover law is focused on bringing back property of the estate that is in the hands of a third party so that the bankruptcy estate trustee may monetize the property for the benefit of the bankruptcy estate and its creditors.
In a turnover proceeding, a judgment creditor petitions the court to order a third party to 'turn over' property to the creditor that the third party possesses, but the debtor owns. This can be money that the third party owes to the debtor, or property that the third party is holding on behalf of the debtor.
A turnover order is used in judgment collections in California by a judgment creditor or assignee of record under the provisions of Code of Civil Procedure section 708.205(a) which authorizes a Judge or Commissioner to issue a turnover order after the conclusion of a judgment debtor examination.
A sworn declaration or affidavit submitted in conjunction with a debtor's First Day Motions, and lays out the factual background of a chapter 11 debtor's business history, financial affairs, and reasons for filing for bankruptcy relief.
