New York Jury Instruction - Concealment Of Property Belonging To Bankruptcy Estate Of Debtor
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Examples of assets in bankruptcy filings include: Business-related property. Financial assets, such as investments or deposit accounts. Land or a primary or secondary home. Personal and household items. Property related to farming and commercial fishing. Vehicles. Any other property otherwise not stated.
The section makes clear that any entity, other than a custodian, is required to deliver property of the estate to the trustee or debtor in possession whenever such property is acquired by the entity during the case, if the trustee or debtor in possession may use, sell, or lease the property under section 363, or if the ...
There are exceptions to the preference rules, the two most common exceptions being (a) payments made to creditors in the ordinary course of business, such as monthly loan payments, and (b) payments made by the debtor in exchange for "new value," a term often the subject of complicated analysis and factual disputes.
"Concealment" can mean hiding property or assets. It also includes preventing the discovery of assets, transferring property, or withholding information that is required to be made known.
?Avoidance action? is an umbrella term for adversary proceedings that seek to unwind (or ?avoid?) transactions that occurred before a bankruptcy filing. These actions are also referred to as ?clawback claims? because, by undoing a transaction, some asset or value is being clawed back into the bankruptcy estate.
Section 541(d) of the House amendment is derived from section 541(e) of the Senate amendment and reiterates the general principle that where the debtor holds bare legal title without any equitable interest, that the estate acquires bare legal title without any equitable interest in the property.
The bankruptcy estate is the pool of assets that will be used to satisfy the claims of creditors. Generally, all of a debtor's legal and equitable interest in property as of the filing of the bankruptcy petition and commencement of the bankruptcy case becomes property of the bankruptcy estate.