Legal Opinion
In Re Gross
United States Bankruptcy Court, D. South Dakota
Decided November 27, 1990No. 18-40032PublishedCited by 4 opinions
1Opinion of the Court
MEMORANDUM DECISION
PEDER K. ECKER, Bankruptcy Judge.
ACTION
Chapter 12 Trustee/Movant Rick A. Yar-nall (“Trustee”) filed a Bankr.R. 2004 (“2004”) examination motion to depose Debtors/Respondents Anthony Lee and Sharlene Marie Gross (“Debtors” or “Grosses”) on grounds the Trustee believes Debtors, post-confirmation, transferred real estate they failed to list on their schedules. Debtors resist any discovery attempt, arguing that, because their plan has been confirmed over 180 days, the Trustee-acts without authority. For reasons articulated below, Trustee’s motion is denied and dismissed. The…
2Cases cited21 opinions
- United States v. Ron Pair Enterprises, Inc.Supreme Court of the United States · 1989
- In the Matter of NEWPORT HARBOR ASSOCIATES, D/B/A Newport Harbor Treadway, Inc., Etc. and James W. Kirby, Etc., Debtors, AppellantsCourt of Appeals for the First Circuit · 1978
- Matter of WilcherUnited States Bankruptcy Court, N.D. Illinois · 1985
- In Re John and Rosemary GORSKI, Debtors. in Re Kenneth KIRSCHENBAUM, Trustee-AppellantCourt of Appeals for the Second Circuit · 1985
- In Re Cinderella Clothing Industries, Inc.United States Bankruptcy Court, E.D. Pennsylvania · 1988
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3Cited by4 opinions
- In Re Orange Tree Associates, Ltd.Court of Appeals for the Ninth Circuit · 1992
- Hiersche v. Brassard (In Re Brassard)United States Bankruptcy Court, D. Maine · 1994
- Dale C. Eckert Corp. v. Orange Tree Associates, Ltd.Court of Appeals for the Ninth Circuit · 1992
- Dale C. Eckert Corp. v. Orange Tree Associates, Ltd. (In re Orange Tree Associates, Ltd.)Court of Appeals for the Ninth Circuit · 1992