Motion to Turnover v. Complaint for Turnover
Posted: Mon Nov 19, 2012 7:07 pm
Listmates,
When is it appropriate to bring a Motion for Turnover of estate property?
And when is it appropriate to file a Complaint for Turnover of estate
property?
Debtor's former partner is holding an insurance check which was issued to
be used to repair estate property. There seems no reason for it except ill
will.
Debtor needs to obtain a turnover of the insurance check and an order
directing the uncooperative partner to endorse the check. I need an
emergency remedy because the debtor needs the insurance money to repair the
property and put it to productive use.
What procedural device should be used?
Rule 7001 provides:
The following are adversary proceedings: (1) a proceeding to recover money
or property, other than a proceeding to compel the debtor to deliver
property to the trustee, or a proceeding under 554(b) or 725 of the Code,
Rule 2017, or Rule 6002;
None of the exceptions seem to apply.
Nevertheless, I see motions for turnover occasionally filed by debtors:
The post was migrated from Yahoo.