U.S. Code » Title 11 » Chapter CHAPTER 7— LIQUIDATION › Subchapter SUBCHAPTER II— COLLECTION, LIQUIDATION, AND DISTRIBUTION OF THE ESTATE

11 U.S.C. § 725

Disposition of certain property

Read at: OLRCuscode.house.gov CornellLII GovInfogovinfo.gov JustiaTitle 11 CasesGoogle Scholar

After the commencement of a case under this chapter, but before final distribution of property of the estate under section 726 of this title, the trustee, after notice and a hearing, shall dispose of any property in which an entity other than the estate has an interest, such as a lien, and that has not been disposed of under another section of this title.

Notes of Decisions
Cited in 83 cases (13 in the last 5 years), 1945–2026 · leading case: Czyzewski v. Jevic Holding Corp., 137 S. Ct. 973 (2017).
Sort: Relevance Newest Treatment
Czyzewski v. Jevic Holding Corp., 137 S. Ct. 973 (2017). · cites it 4× “11 U. S. C. §725 . Special classes of creditors, such as those who hold certain claims for taxes or wages, come next in a listed order.”
In Re Mahaner, 34 B.R. 308 (Bankr. W.D.N.Y. 1983). · cites it 2× “Moreover, in Chapter 7 it appears that 11 U.S.C. § 725 establishes a right in the secured creditor if properly pursued for the return to the creditor of any property that the trustee has not otherwise administered.”
Chittenden Trust Co. v. Sebert Lumber, Co. (In Re Vermont Toy Works, Inc.), 82 B.R. 258 (Bankr. D. Vt. 1987). · cites it 2× “Fundex then sought an 11 U.S.C. § 725 23 Order directing the trustee to turn over certain inventory proceeds to satisfy its secured claim, attorney’s fees, costs and Section 506(b) charges.”
Zavala v. Wells Fargo Bank, N.A. (In Re Zavala), 444 B.R. 181 (Bankr. E.D. Cal. 2011). · cites it 2× “11 U.S.C. § 725 . No provision is made for the Chapter 7 debtor to co-administer property of the estate, and no order has been entered in this case authorizing the Debtors to administer these assets in lieu of the Chapter 7 Trustee.”
In Re Thomas Howard Bell & Margaret Louise Bell, Debtors. Gen. Motors Acceptance Corp. v. Thomas Howard Bell & Margaret Louise Bell, 700 F.2d 1053 (6th Cir. 1983). “Since the most likely use in most cases is sale for benefit of the creditor, see 11 U.S.C. § 725 , the value generally approximates the then market value of the property.”
Old West Annuity & Life Ins. Co. v. Apollo Grp., 605 F.3d 856 (11th Cir. 2010). “See 11 U.S.C. § 725 ; Monarch Air Serv., Inc.”
Boyd v. Engman, 404 B.R. 467 (W.D. Mich. 2009). · cites it 2× “Ironically, the process resulted in an order denying approval in September 2005, even though it appears the bankruptcy court just recently approved a similar distribution plan under 11 U.S.C. § 725 . (See Case No. l:09-cv-151, docket # 1, Notice of Appeal, Record Item 6,…”
Am. Cigar Co. v. MNC Com. Corp. (In Re M. Paolella & Sons, Inc.), 85 B.R. 965 (Bankr. E.D. Pa. 1988). · cites it 2× “In sum, the relief sought would subordinate MNC’s secured claim to plaintiffs claims only, but leave MNC with a secured claim entitled by virtue of 11 U.S.C. § 725 to payment prior to unsecured creditors other than plaintiffs.”
First of Am. Bank v. Gaylor (In Re Gaylor), 123 B.R. 236 (Bankr. E.D. Mich. 1991). “Hence, if the lien is not disposed of, it is to be returned to the former lienholder pursuant to 11 U.S.C. § 725 . Contrarily, § 722 constitutes the only redemption remedy Congress provided Chapter 7 debtors.”
DeVore v. Marshack (In Re DeVore), 223 B.R. 193 (9th Cir. BAP 1998). “On 9 October 1997, DeVore filed a “Motion for a Court Order Pursuant to 11 U.S.C. § 725 (or other statute) Directing Trustee Richard Marshack to Release the State Court Litigation Proceeds and For Findings.”
First Bank & Trust Co. of Ithaca, New York v. Hart (In Re Hart), 8 B.R. 1020 (N.D.N.Y. 1981). · cites it 2× “§ 506 (a); by enacting Sections 725, which requires disposition of collateral for benefit of secured creditors prior to general distribution, 11 U.S.C. § 725 , and 554, which allows early abandonment from the estate of rapidly depreciating collateral upon petition by the…”
Talbert v. City Mortg. Servs. (In Re Talbert), 268 B.R. 811 (Bankr. W.D. Mich. 2001). “11 U.S.C. § 725 . Section 725 is rarely utilized since one or more of the other processes for disposing of a competing interest will cover most situations confronted by the Chapter 7 trustee.”
Show all 83 citing cases →
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.