Benn v. Cole (In Re Benn)
United States Bankruptcy Appellate Panel for the Eighth Circuit
1Opinion of the Court
MAHONEY, Bankruptcy Judge.
These cases were consolidated for purposes of oral argument on appeal. The appeal in each case is from an order of the bankruptcy court filed September 24, 2004, overruling a claim of exemption to a federal and state tax refund and ordering turnover of the refund to the Chapter 7 Trustee. This matter was originally submitted after oral argument on February 8, 2005. The panel remanded the matter to the bankruptcy judge for particular findings. The findings have been made and the matter was reargued on March 2, 2006. For the reasons stated below, we reverse.
STANDARD OF…
2Cases cited16 opinions
- United States v. Ron Pair Enterprises, Inc.Supreme Court of the United States · 1989
- Wolff Shoe Co. v. Director of RevenueSupreme Court of Missouri · 1988
- Southwestern Bell Yellow Pages, Inc. v. Director of RevenueSupreme Court of Missouri · 2002
- Bruce Wayne Murray v. Ben Zuke, Trustee of the Estate of Bruce Wayne Murray, BankruptCourt of Appeals for the Eighth Circuit · 1969
- State Ex Rel. Government Employees Insurance Co. v. LaskyMissouri Court of Appeals · 1970
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3Cited by10 opinions
- In Re Charles Benn, Jr., Debtor, Charles Benn, Jr. v. James S. Cole, Steven Mohrhard, Jennifer Mohrhard, Debtors, Steven Mohrhard, Jennifer Mohrhard v. James S. Cole, John Cruciani, Patricia Brown, Kevin Checkett, Fredrich J. Cruse, Jerald Enslein, Janice A. Harder, George Johnson, Jere Loyd, Dan Nelson, Aunna L. Peoples, Robert A. Pummill, John Reed, Norman E. Rouse, Maureen Scully, Janice Stanton, David C. Stover, Bruce Strauss, Thomas J. O'neal, Robert J. Blackwell, Thomas Dewoskin, Chapter 7 Trustees, National Association of Bankruptcy Trustees, Amici on Behalf OfCourt of Appeals for the Eighth Circuit · 2007
- Charles Benn v. James ColeCourt of Appeals for the Eighth Circuit · 2007
- Benn v. Cole (In Re Benn)United States Bankruptcy Appellate Panel for the Eighth Circuit · 2006
- In Re HidyUnited States Bankruptcy Court, W.D. Missouri · 2007
- In Re ParsonsUnited States Bankruptcy Court, E.D. Missouri · 2010
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