Legal Opinion

Ross v. Mitchell (In re Dietz)

Court of Appeals for the Ninth Circuit

Decided September 4, 1990No. Nos. 89-35030, 89-35031PublishedCited by 12 opinions

1Opinion of the Court

CANBY, Circuit Judge:

John Mitchell, the trustee in bankruptcy, requested that the bankruptcy court deny or, in the alternative, revoke Lelon Dietz’s chapter 7 discharge; and that it order certain individuals to return various sums of money that Dietz, without Mitchell’s authority, had paid them from estate assets. The bankruptcy court granted Mitchell’s requests, and the Bankruptcy Appellate Panel affirmed in all respects. 94 BR 637. Dietz and the payees appeal. We affirm.

FACTS

In the fall of 1984, after Dietz had filed a voluntary petition for relief and had subsequently defaulted on his…

2Cases cited5 opinions

  1. 13 Collier bankr.cas.2d 793, Bankr. L. Rep. P 70,763, 7 Employee Benefits Ca 1096 in Re Howard Douglas Daniel, Debtor. Howard Douglas Daniel, Debtor-Appellant v. Security Pacific National Bank, Commercial Bank of San Francisco, Leasco Capital Corporation, and Capital Reserve Leasing Corporation, Creditors-AppelleesCourt of Appeals for the Ninth Circuit · 1985
  2. Werner v. Puente (In Re Puente)United States Bankruptcy Court, W.D. New York · 1985
  3. Canfield v. Lyons (In Re Lyons)United States Bankruptcy Court, E.D. Virginia · 1982
  4. Ross v. John Mitchell, Inc. (In Re Dietz)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1988
  5. In Re MeoUnited States Bankruptcy Court, M.D. Pennsylvania · 1988

3Cited by12 opinions

  1. In Re Richard G. Sherman in Re Andrea Pearl Sherman, Debtors, Richard G. Sherman Andrea Pearl Sherman v. Securities and Exchange CommissionCourt of Appeals for the Ninth Circuit · 2007
  2. In Re BennettUnited States Bankruptcy Court, N.D. Texas · 1991
  3. Markovich v. Samson (In Re Markovich)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1997
  4. Humphreys v. Stedham (In Re Stedham)United States Bankruptcy Court, W.D. Tennessee · 2005
  5. Lincoln National Life Insurance v. Silver (In Re Silver)United States Bankruptcy Court, D. New Mexico · 2007

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