Gaughan v. Smith (In Re Smith)
United States Bankruptcy Appellate Panel for the Ninth Circuit
1Opinion of the Court
OPINION
SMITH, Bankruptcy Judge.
The chapter 7 trustee, Maureen Gau-ghan, appeals a final order of the bankruptcy court, entered April 11, 2005, which effectively denied her motion to compel the turnover of certain homestead funds claimed exempt by debtors, Frederick Edward and Cheryl Lynn Smith (collectively, “Debtors”). The trustee timely filed a notice of appeal on April 20, 2005. We REVERSE.
I. FACTS
The facts are undisputed. On October 22, 2002, Debtors sold their residence and deposited the net proceeds into a bank account. On December 3, 2002, they filed a chapter 71 petition. At the time…
2Cases cited13 opinions
- Arnold v. Gill (In Re Arnold)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2000
- Harris v. Herman (In Re Herman)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1990
- Goswami v. MTC Distributing (In Re Goswami)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2003
- Cisneros v. Kim (In Re Kim)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2000
- In Re CENTRAL ARKANSAS BROADCASTING COMPANY, Debtor. Ward RAMSAY, Appellant, v. James F. DOWDEN, Trustee, AppelleeCourt of Appeals for the Eighth Circuit · 1995
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- In Re ForeacreUnited States Bankruptcy Court, D. Arizona · 2006
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