Legal Opinion
Carbaugh v. Carbaugh (In Re Carbaugh)
Bankruptcy Appellate Panel of the Tenth Circuit
Decided May 1, 2002No. BAP No. KS-01-029. Bankruptcy No. 99-42350. Adversary No. 00-7001PublishedCited by 37 opinions
1Opinion of the Court
OPINION
MCFEELEY, Chief Judge.
Appellant/Debtor Donald Ray Carbaugh, (“Debtor”) appeals the Judgment entered by the United States Bankruptcy Court for the District of Kansas, which 1) determined that funds held in the Debtor’s Hallmark Retirement Plan were not property of the bankruptcy estate; 2) determined that funds in a brokerage account that were withdrawn from the Debtor’s Hallmark Retirement Plan were property of the estate and were not exempt; and 3) granted relief from the automatic stay to the Plaintiff/Appellee, Joan Carbaugh (“Appellee”) for the purpose of pursuing state court…
2Cases cited31 opinions
- Pierce v. UnderwoodSupreme Court of the United States · 1988
- United States v. Ron Pair Enterprises, Inc.Supreme Court of the United States · 1989
- Quackenbush v. Allstate InsuranceSupreme Court of the United States · 1996
- Griffin v. Oceanic Contractors, Inc.Supreme Court of the United States · 1982
- Patterson v. ShumateSupreme Court of the United States · 1992
26 more not listed; retrieve them via the Exa API.
3Cited by37 opinions
- LTF Real Estate Co. v. Expert South Tulsa, LLC (In re Expert South Tulsa, LLC)Bankruptcy Appellate Panel of the Tenth Circuit · 2014
- John Bird v. United States Bankruptcy Court for the District of UtahBankruptcy Appellate Panel of the Tenth Circuit · 2017
- Carlson v. Diaz (In Re Carlson)Bankruptcy Appellate Panel of the Tenth Circuit · 2004
- Campbell v. Stewart (In Re Campbell)Bankruptcy Appellate Panel of the Tenth Circuit · 2004
- Hodes v. Jenkins (In Re Hodes)Bankruptcy Appellate Panel of the Tenth Circuit · 2004
32 more not listed; retrieve them via the Exa API.