Legal Opinion

Scrivner v. Mashburn

Court of Appeals for the Tenth Circuit

Decided August 8, 2008No. 07-6167PublishedCited by 46 opinions

1Opinion of the Court

TACHA, Circuit Judge.

Toby Scrivner and Angelique Pisano (the “debtors”) appeal from the judgment of the Bankruptcy Appellate Panel (“BAP”) affirming the bankruptcy court’s authorization of a surcharge of their exempt property. Exercising jurisdiction pursuant to 28 U.S.C. § 158(d)(1), we REVERSE the BAP’s judgment and the bankruptcy court’s order authorizing the surcharge of the debtors’ exempt assets.

I. BACKGROUND

On October 14, 2005, the debtors filed a Chapter 7 petition for bankruptcy. In their schedule of assets, the debtors disclosed a 0.5% ownership interest in a television show called…

2Cases cited23 opinions

  1. Arizona v. CaliforniaSupreme Court of the United States · 1983
  2. TRW Inc. v. AndrewsSupreme Court of the United States · 2001
  3. James Capps v. George SullivanCourt of Appeals for the Tenth Circuit · 1993
  4. Been v. O.K. Industries, Inc.Court of Appeals for the Tenth Circuit · 2007
  5. United States v. Robert B. Sutton and Sutton Investments, Inc.Court of Appeals for the Fifth Circuit · 1986

18 more not listed; retrieve them via the Exa API.

3Cited by46 opinions

  1. Law v. SiegelSupreme Court of the United States · 2014
  2. Rushton v. Bank of Utah (In re C.W. Mining Co.)Bankruptcy Appellate Panel of the Tenth Circuit · 2012
  3. Santander Consumer, USA, Inc. v. Houlik (In re Houlik)Bankruptcy Appellate Panel of the Tenth Circuit · 2012
  4. United States v. WittigCourt of Appeals for the Tenth Circuit · 2009
  5. John Bird v. United States Bankruptcy Court for the District of UtahBankruptcy Appellate Panel of the Tenth Circuit · 2017

41 more not listed; retrieve them via the Exa API.

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