Legal Opinion
In Re Barker
United States Bankruptcy Court, D. Colorado
Decided October 21, 2003No. 19-10836Published
1Opinion of the Court
ORDER
HOWARD R. TALLMAN, Bankruptcy Judge.
This case comes before the Court on First Pioneer National Bank’s Motion to Require Trustee to Abandon Property of the Estate.
Facts
1. Mr. Barker is a 60 year old rancher who has engaged in farming and ranching in Colorado during all of his adult life.
2. First Pioneer Bank [the “Bank”] has a security interest in all of Debtors’ property to secure the indebtedness owed to the Bank by Debtors.
3. Operation of Debtor’s ranching business does not generate sufficient income to allow Debtors to service their secured debt, therefore, Debtors anticipate…
2Cases cited11 opinions
- Norwest Bank Worthington v. AhlersSupreme Court of the United States · 1988
- Williams v. United States Fidelity & Guaranty Co.Supreme Court of the United States · 1915
- Helvering v. HammelSupreme Court of the United States · 1941
- United States v. Robert B. Sutton and Sutton Investments, Inc.Court of Appeals for the Fifth Circuit · 1986
- Patrick E. Catalano v. Commissioner of Internal RevenueCourt of Appeals for the Ninth Circuit · 2002
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