I am pleased to advise that the 9th Circuit reversed the district court’s decision affirming the denial of my motion for turnover of property pursuant to 11 USC 542(a). This case challenged the holding of the 8th Circuit of In re Pyatt which was adopted by the Bankruptcy Court and the District Court.
The 9th Circuit held that the Trustee’s turnover power is not restricted to property of the estate at the time the motion for turnover is filed. A copy of the published decision is attached.
Shapiro v. Henson