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S 541(a).)
In re Laher, 496 F.3d 279 (3d Cir. Aug. 2, 2007) (Debtor's interest in an employer-mandated retirement plan, which was used to purchase an annuity, was excluded from the bankruptcy estate under S 541(c)(2). The annuity was a beneficial interest of the debtor in a trust that contained an enforceable restriction on transfer. Since "trust" is not defined in the Bankruptcy Code, the court looked to state law and found that the annuity was a trust under New York law.)
In re Pyatt, 486 F.3d 423 (8th Cir. May 23, 2007) (An entity lacking present possession of property cannot be subject of a S 542 motion to compel turnover.)
Nichols v. Birdsell, 491 F.3d 987 (9th Cir. May 9, 2007) (Debtors' irrevocable pre-petition decision to apply their tax overpayment to their future tax liability did not remove the value of the overpayment from the estate.)
In re Builders Transport, Inc., 471 F.3d 1178 (11th Cir. Dec. 5, 2006) (The proceeds of a letter of credit created to secure the debtor's pre-petition lease obligations were property of the debtor's bankruptcy estate pursuant to S 542. The letter of credit doctrine of independence protected the distribution of proceeds to the beneficiary, but the right to retain such proceeds was property of the debtor's estate pursuant to the terms of the lease and South Carolina state law.)
Morris v. Hicks (In re Hicks), 491 F.3d 1136 (10th Cir. June 25, 2007) (Trustee's status as a hypothetical lien creditor under S 544(a)(1) allowed the trustee to avoid a creditor's unperfected lien against the debtor's vehicle.)
In re Millivision, Inc., 474 F.3d 4 (1st Cir. Jan. 16, 2007) (Exceptions in S 547(c) and (e) do not limit trustee's power under S 544(a) to avoid postpetition lien securing pre-petition loan. Avoidance limitations contained in "generally applicable law," incorporated through S 546(b), refer to generally applicable nonbankruptcy law, thus excluding S 547(c) and (e) exceptions. Additionally, for purposes of S 544(a), involuntary case commenced on date of petition, not the date an order for relief was entered, thus lien was deemed
