Legal Opinion

Souther v. Tate (In re Tate)

United States Bankruptcy Court, S.D. Georgia

Decided August 21, 2015No. NUMBER 12-20238Published

1Opinion of the Court

OPINION AND ORDER GRANTING MOTION TO COMPEL TURNOVER AND ENTRY OF MONEY JUDGMENT

JOHN S. DALIS, United States Bankruptcy Judge

This matter is before me on the chapter 7. Trustee’s Amended and Re-Cast Motion to Compel Debtor Carolyn Tate to Turnover Property of the Bankruptcy Estate (“Amended Turnover Motion”). I find that the Trustee has met the burden necessary to compel turnover of property of the estate that Mrs. Tate has failed to surrender. Further, I find that based on Mrs. Tate’s evasive testimony and refusal to comply with her duty to turn over and account for property of the estate in…

2Cases cited12 opinions

  1. Walter Burnes v. Pemco AeroplexCourt of Appeals for the Eleventh Circuit · 2002
  2. In the Matter of USA Diversified Products, Inc., Debtor. R. David Boyer, Trustee v. Carlton, Fields, Ward, Emmanuel, Smith & Cutler, P.A.Court of Appeals for the Seventh Circuit · 1996
  3. Bailey v. Suhar (In Re Bailey)Bankruptcy Appellate Panel of the Sixth Circuit · 2008
  4. White v. Brown (In Re White)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2008
  5. In Re: Norman W. Shearin, Jr. Ann Shearin, Debtors. Stephen L. Beaman, Trustee v. Vandeventer Black, LLPCourt of Appeals for the Fourth Circuit · 2000

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