context: In fact, it appears to be an inadvertent misstatement. The cases that Kelley cited all hold that, although the trustee need not file a formal avoidance action, the trustee must actually recover the property.
citation_a.signal: cf.
citation_a.identifier: 96 B.R. 608, 612
citation_a.parenthetical: noting that the property probably has to be recovered for SS 522(g) to apply but ruling that it applied anyway because neither party brought it up
citation_a.sentence: Russell v. Kuhnel (In re Kuhnel), 495 F.3d 1177, 1181 (10th Cir. 2007) (“[A] trustee need not initiate formal adversary proceedings to recover property under § 522(g), so long as the trustee has taken some action resulting in the recon-veyance of the property to the estate.”); Glass v. Hitt (In re Glass), 60 F.3d 565, 568-69 (9th Cir. 1995) (same); In re Hicks, 342 B.R. 596, 599-601 (Bankr. W.D. Mo.2006) (same); In re Ulrich, 203 B.R. 691, 693 (Bankr. C.D. Ill. 1997) (same); cf. In re Trevino, 96 B.R. 608, 612 (Bankr. E.D.N.C. 1989) (noting that the property probably has to be recovered for § 522(g) to apply but ruling that it applied anyway because neither party brought it up).
citation_b.signal: no signal
citation_b.identifier: 495 F.3d 1177, 1181
citation_b.parenthetical: "[A] trustee need not initiate formal adversary proceedings to recover property under SS 522(g), so long as the trustee has taken some action resulting in the recon-veyance of the property to the estate."
citation_b.sentence: Russell v. Kuhnel (In re Kuhnel), 495 F.3d 1177, 1181 (10th Cir. 2007) (“[A] trustee need not initiate formal adversary proceedings to recover property under § 522(g), so long as the trustee has taken some action resulting in the recon-veyance of the property to the estate.”); Glass v. Hitt (In re Glass), 60 F.3d 565, 568-69 (9th Cir. 1995) (same); In re Hicks, 342 B.R. 596, 599-601 (Bankr. W.D. Mo.2006) (same); In re Ulrich, 203 B.R. 691, 693 (Bankr. C.D. Ill. 1997) (same); cf. In re Trevino, 96 B.R. 608, 612 (Bankr. E.D.N.C. 1989) (noting that the property probably has to be recovered for § 522(g) to apply but ruling that it applied anyway because neither party brought it up).