Legal Opinion

In re Purcell

United States Bankruptcy Court, D. Kansas

Decided July 19, 2017No. Case No. 08-40224-13PublishedCited by 7 opinions

1Opinion of the Court

Order Denying Trustee’s Motion for Turnover and Directing Clerk to Re-Close Case

Janice Miller Karlin, United States Chief Bankruptcy Judge

This matter is before the Court on Chapter 13 Trustee Jan Hamilton’s Motion for Turnover; he seeks turnover of settlement proceeds that Debtor Kelly Sue Purcell 1 is entitled to receive as a result of a class action lawsuit filed in December 2013.2 While the Court frequently sees turnover motions, this one is unique because it was filed more than five years after Debtor received her discharge and her case was closed, and the settlement in question is based…

2Cases cited20 opinions

  1. Grogan v. GarnerSupreme Court of the United States · 1991
  2. Butner v. United StatesSupreme Court of the United States · 1979
  3. Segal v. RochelleSupreme Court of the United States · 1966
  4. Watson v. ParkerCourt of Appeals for the Tenth Circuit · 2002
  5. Parks v. DittmarCourt of Appeals for the Tenth Circuit · 2010

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3Cited by7 opinions

  1. In re BoltonUnited States Bankruptcy Court, D. Idaho · 2018
  2. Arma Yates, L.L.C. v. RobertsonUnited States Bankruptcy Court, D. Utah · 2020
  3. Errol Dennis Ulloa and Jimena C. UlloaUnited States Bankruptcy Court, D. Utah · 2020
  4. Morris v. KingUnited States Bankruptcy Court, D. Kansas · 2020
  5. Payne v. Sparkman Revocable Trust u/a/d December 20, 2019United States Bankruptcy Court, W.D. Oklahoma · 2025

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