Legal Opinion

Sikirica v. Harber (In re Harber)

United States Bankruptcy Court, W.D. Pennsylvania

Decided May 31, 2016No. Case No. 14-20155-GLTPublishedCited by 11 opinions

1Opinion of the Court

MEMORANDUM OPINION

GREGORY L. TADDONIO, UNITED STATES BANKRUPTCY JUDGE

Before the Court is the Motion to Compel Turnover of Property of the Estate (the “Turnover'Motion”) filed by the chapter 7 trustee, Jeffrey J. Sikirica (“Trustee”). A response in opposition was filed by Brent and Elizabeth Ann Harber. Because the Trustee has not carried his burden of proof, the Turnover Motion is DENIED.

Background1

Mrs. Harber underwent two hip replacement surgeries. The first occurred on her left hip in 2007, and was followed by a replacement of the right hip in 2008.2 In both procedures, the surgeon'…

2Cases cited53 opinions

  1. Butner v. United StatesSupreme Court of the United States · 1979
  2. New Hampshire v. MaineSupreme Court of the United States · 2001
  3. United States v. Whiting Pools, Inc.Supreme Court of the United States · 1983
  4. Barnhill v. JohnsonSupreme Court of the United States · 1992
  5. Segal v. RochelleSupreme Court of the United States · 1966

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3Cited by11 opinions

  1. Mendelsohn v. RossDistrict Court, E.D. New York · 2017
  2. In re BoltonUnited States Bankruptcy Court, D. Idaho · 2018
  3. In re CarrollUnited States Bankruptcy Court, E.D. California · 2018
  4. Murray v. 3M Co.District Court, E.D. Arkansas · 2018
  5. Ahlgren, Trustee v. Scott Morrison in his capacity as Trustee of the MUnited States Bankruptcy Court, D. North Dakota · 2019

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