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October 29, 2012

Use, Sale, or Lease of Property

The Bankruptcy Code governs the use, sale or lease of property in bankruptcy. The trustee may use, sell or lease the property of the estate other than in the ordinary course of business only after notice and a hearing. If the business of the debtor is authorized to be operated...

Turnover to the Trustee

The Bankruptcy Code requires an entity in possession, custody, or control of property of the estate, including exempt property, to deliver that property to the trustee, unless the property is of inconsequential value to the estate. Debtors must turn over property of the personal...

Case Commencement

Under the Bankruptcy Code, a voluntary or involuntary case is commenced by filing a petition with the bankruptcy court. A Chapter 7 or 11 bankruptcy case may be initiated by a voluntary filing by the debtor or by an involuntary filing by the debtor’s creditors. Cases under...

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