11 U.S.C. § 1105
Termination of trustee’s appointment
At any time before confirmation of a plan, on request of a party in interest or the United States trustee, and after notice and a hearing, the court may terminate the trustee’s appointment and restore the debtor to possession and management of the property of the estate and of the operation of the debtor’s business.
Notes of Decisions
Cited in 20
cases (1 in the last 5 years), 1980–2024 · leading case: In Re Robert J. Mason, Debtor. Robert J. Mason v. Integrity Ins. Co. & Sherwood & Roberts, Inc., 709 F.2d 1313 (9th Cir. 1983).
In Re Robert J. Mason, Debtor. Robert J. Mason v. Integrity Ins. Co. & Sherwood & Roberts, Inc., 709 F.2d 1313 (9th Cir. 1983). “11 U.S.C. § 1105 . Where important property rights are involved, we do not find the mere possibility of possession after conversion availing.”
In Re Plaza Hotel Corp., 111 B.R. 882 (Bankr. E.D. Cal. 1990). “And, the attacks by the debtor on the competence of the trustee indicate that the debtor plans to ask to be restored to possession pursuant to 11 U.S.C. § 1105 . 27 . Professor Ayer gives good advice: There is an obvious moral here.”
Sergent v. McKinstry ex rel. BD Unsecured Creditors Trust, 472 B.R. 387 (E.D. Ky. 2012). “11 U.S.C. § 1105 (requiring bankruptcy courts to give notice and hold a hearing before approving the termination of a trustee’s appointment).”
Echague v. Metro. Life Ins., 43 F. Supp. 3d 994 (N.D. Cal. 2014). “Under 11 U.S.C. § 1105 (a) a trustee may be liable for a co-trustee’s actions where "he participates knowingly in, or knowingly undertakes to conceal, an act or omission of such other fiduciary, knowing such act or omission is a breach"; (ii) if, by his failure to in the…”
Barry v. Sommers (In Re Cochener), 382 B.R. 311 (S.D. Tex. 2007). “Analysis Barry argues that he is entitled to the affirmative defenses of laches and res judi-cata, 50 and that “[t]he Bankruptcy Court abused its discretion in making findings regarding privileged information and documents, in imposing sanctions against Barry [under 11 U.S.C. §…”
State of Florida Dep't of Revenue v. Piccadilly Cafeterias, Inc. (In Re Piccadilly Cafeterias, Inc.), 484 F.3d 1299 (11th Cir. 2007). “”); 11 U.S.C. § 1105 (“At any time before confirmation of a plan .”
In Re Clemente, 409 B.R. 288 (Bankr. D.N.J. 2009). “” 11 U.S.C. § 1105 . 8 . After the hearing on this motion, the Court entered its order, notified the U.”
In Re Clinton Centrifuge, Inc., 85 B.R. 980 (Bankr. E.D. Pa. 1988). “This viewpoint is supported by 11 U.S.C. § 1105 which gives the bankruptcy court "uncircum-scribed power to terminate” the trustee's appointment.”
In Re Mold Makers, Inc., 124 B.R. 766 (Bankr. N.D. Ill. 1990). “See 11 U.S.C. § 1105 ; Bankr.R. 3022(1). The date on which an estate is fully administered is indeterminate.”
Baltimore Cnty. v. Hechinger Inv. Co. of Delaware, Inc. (In Re Hechinger Inv. Co. of Delaware, Inc.), 276 B.R. 43 (D. Del. 2002). “§ 1104 (a) (“At any time after the commencement of the case but before confirmation of a plan _”); 11 U.S.C. § 1105 (“At any time before confirmation of a plan .”
Chesemore v. All. Holdings, Inc., 886 F. Supp. 2d 1007 (W.D. Wis. 2012). “11 U.S.C. § 1105 (c)(1). Even a proper delegation of authority, however, does not remove entirely the delegating fiduciary’s duties.”
In Re Airlift Int'l, Inc., 18 B.R. 787 (Bankr. S.D. Florida 1982). “11 U.S.C. § 1105 provides that upon request of a party in interest, the court may terminate the trustee’s appointment and restore the debtor to possession of the estate.”
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