Gill

Gill v. Warranty Escrow Co. (In re LaNess)

Good Law
159 B.R. 916·1993 Bankr. LEXIS 1446
United States Bankruptcy Court, Central District of CaliforniaSeptember 22, 1993Bankruptcy No. LA 92-20546 BR; Adv. No. LA 93-01208 BRCalifornia1,327 words

Opinion

Lead Opinion

Russell, J.

MEMORANDUM OF DECISION DISMISSING TRUSTEE’S COMPLAINT FOR TURNOVER OF PROPERTY

This matter is before the Court on the complaint of the Trustee, who requests that certain funds belonging to the Debtor and the Debtor’s former spouse, held in an escrow account, be turned over to him pursuant to 11 U.S.C. § 541 (a)(2), 542 and 543. For the reasons stated in this Memorandum of Decision, the Trustee’s complaint is dismissed.

FACTUAL AND PROCEDURAL BACKGROUND

The essential facts in this case are not in dispute and can be briefly summarized as follows. On March 17, 1992, Janet Lyn LaNess, (Debtor), filed a Chapter 7 case. At the § 341(a) meeting of creditors, Debtor testified that her bankruptcy estate included community property assets from her previous marriage to Perry LaNess, (LaNess).

The Debtor and LaNess have been divorced since January 30, 1990. During their marriage dissolution proceedings in the Los Angeles County Superior Court, they both listed their family residence in Rancho Palos Verdes, California as a community asset. After the Superior Court entered the judgment of dissolution, it retained jurisdiction to divide the couple’s community property.

In June or July of…

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