Legal Opinion
Weinman v. Graves (In Re Graves)
Bankruptcy Appellate Panel of the Tenth Circuit
Decided October 22, 2008No. BAP No. CO-08-038. Bankruptcy No. 07-20569-ABCPublishedCited by 6 opinions
1Opinion of the Court
THURMAN, Bankruptcy Judge.
The Chapter 7 bankruptcy trustee appeals the bankruptcy court’s order denying his motion to compel debtors, James and Kathryn Graves (“Debtors”) to turnover the value of a pre-petition tax refund that Debtors applied to prepayment of their 2007 taxes, prior to filing their bankruptcy case. We affirm.
I.BACKGROUND
In July 2007, Debtors filed their 2006 tax return. Pursuant to that return, Debtors were entitled to a refund for overpayment of taxes in the amount of $3,000. 1 The Debtors filed a voluntary Chapter 7 bankruptcy petition on September 20, 2007, and did not…
2Cases cited5 opinions
- Maggio v. ZeitzSupreme Court of the United States · 1948
- Zubrod v. DuncanCourt of Appeals for the Tenth Circuit · 2003
- James Nichols Beverly Ann Nichols v. David A. BirdsellCourt of Appeals for the Ninth Circuit · 2007
- Simmons v. United States (In Re Simmons)United States Bankruptcy Court, M.D. Florida · 1991
- In Re MiddendorfUnited States Bankruptcy Court, D. Kansas · 2008
3Cited by6 opinions
- Weinman v. Graves (In Re Graves)Court of Appeals for the Tenth Circuit · 2010
- Kenneth Auld v. United States Bankruptcy Court for the District of UtahBankruptcy Appellate Panel of the Tenth Circuit · 2017
- Morton v. Kievit (In Re Vallecito Gas, LLC)United States Bankruptcy Court, N.D. Texas · 2011
- David Ostrander v. Angilene BrownBankruptcy Appellate Panel of the First Circuit · 2020
- Julio Barrera v. United States Bankruptcy Court for the District of ColoradoBankruptcy Appellate Panel of the Tenth Circuit · 2020
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