Legal Opinion

In Re Spencer

United States Bankruptcy Court, D. Kansas

Decided June 27, 2006No. 05-18421PublishedCited by 11 opinions

1Opinion of the Court

MEMORANDUM OPINION

ROBERT E. NUGENT, Chief Judge.

J. Michael Morris, trustee of the bankruptcy estate of Brent and Cheryl Spencer, seeks an order requiring the debtors to turnover certain funds he alleges remained in their bank accounts on the date of their bankruptcy petition. The debtors raise the familiar objection that they had written checks or otherwise committed these funds prior to filing their case and, moreover, that they are under no duty to turnover the funds to the trustee when he retains the power to recover the funds from their various payees. After conducting a brief evidentiary…

2Cases cited15 opinions

  1. Butner v. United StatesSupreme Court of the United States · 1979
  2. Taylor v. Freeland & KronzSupreme Court of the United States · 1992
  3. Barnhill v. JohnsonSupreme Court of the United States · 1992
  4. Wittman v. State Farm Life Insurance (In Re Mills)District Court, D. Kansas · 1994
  5. In Re FigueiraUnited States Bankruptcy Court, D. Kansas · 1993

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

3Cited by11 opinions

  1. Crowson v. Zubrod (In Re Crowson)Bankruptcy Appellate Panel of the Tenth Circuit · 2010
  2. Jubber v. Ruiz (In Re Ruiz)Bankruptcy Appellate Panel of the Tenth Circuit · 2011
  3. Wells Fargo Bank, N.A. v. JimenezDistrict Court, D. New Mexico · 2008
  4. Yoon v. Minter-HigginsDistrict Court, N.D. Indiana · 2008
  5. In re PurcellUnited States Bankruptcy Court, D. Kansas · 2017

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

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