In Re Seibold
United States Bankruptcy Court, D. Idaho
1Opinion of the Court
MEMORANDUM OF DECISION
JIM D. PAPPAS, Bankruptcy Judge.
Background
In this dispute, chapter 7 Debtor Helen Seibold (“Debtor”) asks the Court to order trustee R. Sam Hopkins to turn over a portion of the sale proceeds realized from the sale of her vehicle because, she argues, they are exempt. Docket No. 30. Trustee asserts that he avoided a security interest Debtor had granted to a creditor on the vehicle, and that under § 551, 1 the avoided security interest is preserved thereby allowing him to retain all of the otherwise exempt proceeds for distribution to unsecured creditors. After a hearing…
2Cases cited7 opinions
- Taylor v. Freeland & KronzSupreme Court of the United States · 1992
- Heintz v. Carey (In Re Heintz)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1996
- Simplot v. WILLIAM C. OWENS, MD, PAIdaho Supreme Court · 1990
- Philip Morris Capital Corp. v. Bering Trader, Inc. (In re Bering Trader, Inc.)Court of Appeals for the Ninth Circuit · 1991
- Idaho Bank & Trust Co. v. Cargill, Inc.Idaho Court of Appeals · 1983
2 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
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- In re: Steven John Wharton and Josephina Jessie WhartonUnited States Bankruptcy Appellate Panel for the Ninth Circuit · 2017
- In re BillUnited States Bankruptcy Court, D. Idaho · 2015
- Gugino v. Rowley (In re Floyd)United States Bankruptcy Court, D. Idaho · 2015
- In re DolvenUnited States Bankruptcy Court, D. Idaho · 2016
6 more not listed; retrieve them via the Exa API.