Legal Opinion

Kartchner v. Harper (In re Harper)

United States Bankruptcy Court, D. Arizona

Decided September 7, 2016No. Case No. 4:12-bk-25915-SHGPublished

1Opinion of the Court

RULING ON TRUSTEE’S MOTION FOR ORDER MODIFYING THE AUTOMATIC STAY

Scott H. Gan, Bankruptcy Judge

FACTS AND PROCEDURAL HISTORY1

Nina M. Harper (“Debtor”) filed for chapter 7 bankruptcy protection on December 4, 2014. Approximately nine months earlier, on February 24, 2014, Debtor’s mother, also known and Nina M. Harper, died with a valid will (the “Will”) allegedly assigning to the Debtor an interest in the Nina M. Harper Trust (the “Trust”). The Debtor did not disclose her Trust interest on the initial bankruptcy petition or in any subsequent amendments. The Debtor received a discharge on March…

2Cases cited20 opinions

  1. Lawrence Hamilton v. State Farm Fire & Casualty Company, an Illinois Corporation David's Restaurant SupplyCourt of Appeals for the Ninth Circuit · 2001
  2. Harriet Rissetto v. Plumbers and Steamfitters Local 343, a Business Entity, Form Unknown, Michael Beavers and Does 1-25, InclusiveCourt of Appeals for the Ninth Circuit · 1996
  3. Parker v. Wendy's International, Inc.Court of Appeals for the Eleventh Circuit · 2004
  4. Reed v. City of ArlingtonCourt of Appeals for the Fifth Circuit · 2011
  5. Morton v. GTE Southwest Inc. (Wieburg)Court of Appeals for the Fifth Circuit · 2001

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