Legal Opinion
Foulston v. White (In re White)
United States Bankruptcy Court, D. New Mexico
Decided March 10, 1993No. Bankruptcy No. 7-89-00397 ML; Adv. 92-1037 MPublished
1Opinion of the Court
MEMORANDUM OPINION
MARK B. McFEELEY, Chief Judge.
This matter came before the Court on Plaintiff’s Complaint To Recover An Unauthorized Transfer, For Turnover Of Estate Property, And For Embezzlement. Having considered the complaint, the briefs, the argument of counsel, and otherwise being fully informed and advised, the Court finds that all property in the Debtors’ Chapter 12 estate, including any funds included pursuant to section 1207, are part of the post conversion Chapter 7 estate. The Court finds that the Debtors failed to turn over to the Chapter 7 trustee $133,695.94. The Court need…
2Cases cited4 opinions
- In the Matter of Daniel L. Lybrook and Linda Lou Lybrook, Debtors-AppellantsCourt of Appeals for the Seventh Circuit · 1991
- Robb v. Lybrook (In Re Lybrook)United States Bankruptcy Court, N.D. Indiana · 1989
- In Re CalderCourt of Appeals for the Tenth Circuit · 1992
- In Re MuzzeyUnited States Bankruptcy Court, D. Vermont · 1991