Section 549 Postpetition transactions (Judge Gargotta)
Ingalls v. Phillips (November 4, 2009)
Ingalls v. Phillips (November 3, 2009)
Issue: Should Trustee’s Complaint for turnover of funds that the Trustee asserts were improperly retained by Defendant in connection with his representation of Debtor be granted?
Holding: Yes. No matter how this case is dissected, Defendant has no legal authority for his retention of the funds paid to him by the Debtor during the Chapter 13 part of this case without Court permission and in violation of a prior Court order.