Legal Opinion

Gaughan v. Smith (In Re Smith)

United States Bankruptcy Appellate Panel for the Ninth Circuit

Decided April 7, 2006No. BAP No. AZ-05-1163-SKMO. Bankruptcy No. 02-19420-GBNPublishedCited by 27 opinions

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

  1. Arnold v. Gill (In Re Arnold)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2000
  2. Harris v. Herman (In Re Herman)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1990
  3. Goswami v. MTC Distributing (In Re Goswami)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2003
  4. Cisneros v. Kim (In Re Kim)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2000
  5. 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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3Cited by27 opinions

  1. White v. Brown (In Re White)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2008
  2. Hopkins v. Cerchione (In Re Cerchione)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2009
  3. Ford v. KonnoffUnited States Bankruptcy Appellate Panel for the Ninth Circuit · 2006
  4. Calderon v. Lang (In Re Calderon)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2014
  5. In Re ForeacreUnited States Bankruptcy Court, D. Arizona · 2006

22 more not listed; retrieve them via the Exa API.

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