Legal Opinion

In Re Becker

United States Bankruptcy Court, M.D. Tennessee

Decided March 12, 1998No. Bankruptcy 397-12273-KL-12Published

1Opinion of the Court

MEMORANDUM

ALETA A. TRAUGER, Bankruptcy Judge.

The court has before it the debtor’s motion seeking to compel Ron and Linda Brackin to turn over eleven miniature horses and the original registration papers for nine of the horses. The motion is brought pursuant to 11 U.S.C. § 542 for turnover of property of the estate in the possession of a non-custodian. 1 The Brackins argue that the horses and papers are not property of the estate and that the debtor is attempting to force the assumption of an executory contract without complying with the Bankruptcy Code. They assert that if they are ordered to…

2Cases cited21 opinions

  1. United States v. Whiting Pools, Inc.Supreme Court of the United States · 1983
  2. In Re Lawrence N. Jolly, Debtor. Chattanooga Memorial Park v. C. Kenneth Still, Chapter Xiii TrusteeCourt of Appeals for the Sixth Circuit · 1978
  3. In Re YoungDistrict Court, District of Columbia · 1996
  4. National City Bank v. Elliott (In Re Elliott)Bankruptcy Appellate Panel of the Sixth Circuit · 1997
  5. Roxse Homes, Inc. v. Roxse Homes Ltd. PartnershipDistrict Court, D. Massachusetts · 1988

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