Legal Opinion · Dissent
Scrivner v. Mashburn (In Re Scrivner)
Bankruptcy Appellate Panel of the Tenth Circuit
Decided June 20, 2007No. BAP No. 06-122. Bankruptcy No. 05-30226 Â WVPublished
1Dissent
CLARK, Bankruptcy Judge,
dissenting.
The majority has approved the creation of a new remedy for debtor misconduct— invading the Debtors’ pension plan and exemptions. New remedies such as this should be created by Congress, not the courts.
I agree with the majority’s opinion that the “Cheaters” stream of income is not exempt. I agree that the Turnover Order is a final order from which no timely appeal was taken, and I agree that the Trustee is not estopped from seeking alternative remedies. I disagree with respect to the “surcharge” of Debtors’ exemptions.
The Majority Should Not Use § 105 to…
2Cases cited31 opinions
- Cipollone v. Liggett Group, Inc.Supreme Court of the United States · 1992
- TRW Inc. v. AndrewsSupreme Court of the United States · 2001
- Norwest Bank Worthington v. AhlersSupreme Court of the United States · 1988
- Taylor v. Freeland & KronzSupreme Court of the United States · 1992
- Patterson v. ShumateSupreme Court of the United States · 1992
26 more not listed; retrieve them via the Exa API.