Bankruptcy Case Number 16-11831 EPK, Bankruptcy Judge ERIK P. KIMBALL, sitting in the West Palm Beach Division of the United States Bankruptcy Court for the Southern District of Florida, in the bankruptcy case of MICHELLE METZLER, order signed on 01/10/2017 – Chapter 7 Trustee Michael Bakst (panel trustee assigned to the West Palm Beach Division) can pursue stay violation claims under 362(k) that accrued in the prior Chapter 11 case. “The Debtor’s claims under section 362(k) and, if the Debtor recovered on such claims, the proceeds of such claims, were property of the bankruptcy estate subject to administration in the chapter 11 case. When the Debtor’s case was converted to chapter 7, her claims under section 362(k) remained property of the estate. 11 U.S.C. §§ 541(a)(7) and 1115(a)(1).” Bankruptcy Lawyers / Bankruptcy Attorneys involved in this case includes attorneys from Furr & Cohen, P.A. and Greenspoon Marder.
1/17/2017
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