Legal Opinion

Midkiff v. Dunivent (In Re Midkiff)

Bankruptcy Appellate Panel of the Tenth Circuit

Decided January 7, 2002No. BAP No. WY-01-032. Bankruptcy No. 98-20023PublishedCited by 6 opinions

1Opinion of the Court

OPINION

CORNISH, Bankruptcy Judge.

This is an appeal from two orders of the Bankruptcy Court: the Order Denying Debtors’ Motion to Reclaim Debtors’ Property from the Trustee and the Order Granting Trustee’s Request to Vacate Order Discharging Debtor for Limited Purpose of Collecting and Disbursing Federal Income Tax Refund. For the reasons set forth below, we AFFIRM.

BACKGROUND

The Debtors filed for relief under Chapter 13 of the Bankruptcy Code on January 8, 1998, and attended their § 341 meeting on February 9, 1998. The Debtors filed plans that proposed payments over at least thirty-six (36)…

2Cases cited11 opinions

  1. Pierce v. UnderwoodSupreme Court of the United States · 1988
  2. Ford v. Ford (In Re Ford)United States Bankruptcy Court, D. Oregon · 1993
  3. In Re JonesUnited States Bankruptcy Court, E.D. Tennessee · 1990
  4. In Re MosbyUnited States Bankruptcy Court, E.D. Virginia · 2000
  5. United States v. Trembath (In Re Trembath)United States Bankruptcy Court, N.D. Illinois · 1997

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3Cited by6 opinions

  1. Robert E. Disch v. Faye F. RasmussenCourt of Appeals for the Seventh Circuit · 2005
  2. Midkiff v. StewartCourt of Appeals for the Tenth Circuit · 2003
  3. In Re LawsonUnited States Bankruptcy Court, D. Utah · 2007
  4. In Re MalewiczUnited States Bankruptcy Court, E.D. New York · 2010
  5. In Re DiazUnited States Bankruptcy Court, C.D. California · 2011

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