Legal Opinion

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 — WVPublishedCited by 8 opinions

1Opinion of the Court

OPINION

THURMAN, Bankruptcy Judge.

Toby Scrivner and Angelique Pisano (the “Debtors”) appeal an order authorizing the trustee to “surcharge” the Debtors’ exempt assets to collect the value of property of the estate not turned over pursuant to an earlier court order. For the reasons stated below, the decision of the bankruptcy court is AFFIRMED.

I. FACTUAL BACKGROUND

The Debtors filed for Chapter 7 bankruptcy relief on October 14, 2005. John Mashburn, the Appellee in this case, was *349appointed the Chapter 7 trustee (the “Trustee”). At the time of filing, the Debtors’ only significant source of…

2Cases cited24 opinions

  1. Norwest Bank Worthington v. AhlersSupreme Court of the United States · 1988
  2. Taylor v. Freeland & KronzSupreme Court of the United States · 1992
  3. Patterson v. ShumateSupreme Court of the United States · 1992
  4. Marrama v. Citizens Bank of Mass.Supreme Court of the United States · 2007
  5. Elder v. HollowaySupreme Court of the United States · 1994

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

3Cited by8 opinions

  1. Pifalo v. PifaloBankruptcy Appellate Panel of the First Circuit · 2007
  2. Onubah v. Zamora (In Re Onubah)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2007
  3. Jacobs v. Jacobs (In Re Jacobs)United States Bankruptcy Court, D. Maryland · 2008
  4. Rivera Balaguer v. PerezDistrict Court, D. Puerto Rico · 2017
  5. In Re GodfreyUnited States Bankruptcy Court, D. Utah · 2008

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

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