Legal Opinion

Birdsell v. Coumbe (In Re Coumbe)

United States Bankruptcy Appellate Panel for the Ninth Circuit

Decided December 24, 2003No. BAP No. AZ-03-1263-RyPMo, Bankruptcy No. 02-18055-PHX-CGCPublishedCited by 14 opinions

1Opinion of the Court

OPINION

RYAN, Bankruptcy Judge.

After John F. and Holly B. Coumbe (“Debtors”) filed a chapter 7 1 bankruptcy petition, Davis A. Birdsell was appointed the chapter 7 trustee (“Trustee”). Trustee then filed a motion (the “Motion”) to compel Debtors to turn over certain testamentary trust property as property of the estate. After a hearing, the court entered an order (the “Order”) denying the Motion. Trustee timely appealed.

We AFFIRM in part, REVERSE in part and REMAND.

I. FACTS 2

In 1994, Minnie Coumbe (“Grantor”), Debtor’s mother, created a testamentary trust (the “Trust”) naming her children…

2Cases cited22 opinions

  1. Patterson v. ShumateSupreme Court of the United States · 1992
  2. Jeremiah W. Holder v. Carla R. Holder, Jeremiah W. Holder v. Carla R. HolderCourt of Appeals for the Ninth Circuit · 2002
  3. Marlene Eberle, and Robert Kiser v. City of Anaheim Anaheim Police Department P. Shepard Hagenson MonsoorCourt of Appeals for the Ninth Circuit · 1990
  4. In the Matter of Joseph Davidow Newman, Debtor. Robert M. Magill, Trustee-Appellant v. Joseph Davidow Newman, Debtor-AppelleeCourt of Appeals for the Seventh Circuit · 1990
  5. Philip K. Paulson v. City of San Diego Mt. Soledad Memorial Association, Inc.Court of Appeals for the Ninth Circuit · 2002

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3Cited by14 opinions

  1. Welch v. CrowSupreme Court of Oklahoma · 2009
  2. Weinstein v. WeinsteinCourt of Appeals of Arizona · 2014
  3. Zimmermann v. Spencer (In Re Spencer)United States Bankruptcy Court, C.D. California · 2004
  4. Bendon v. Reynolds (In Re Reynolds)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2012
  5. In Re CianoUnited States Bankruptcy Court, N.D. Florida · 2010

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

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