Legal Opinion

Kenneth Auld v. United States Bankruptcy Court for the District of Utah

Bankruptcy Appellate Panel of the Tenth Circuit

Decided January 3, 2017No. 15-61PublishedCited by 15 opinions

1Opinion of the Court

OPINION

NUGENT, Bankruptcy Judge.

Collecting property of the estate is a Chapter 7 trustee’s first duty. 1 The debtor must cooperate with the trustee in that pursuit. 2 Anyone who has any of the debt- or’s property must deliver it to the trustee or account for it. 3 Anyone, including the debtor, who has recorded information about estate property or debtor’s financial affairs can be ordered to turn it over. 4 The bankruptcy court may also compel debtor to turn unrecorded information over to the trustee. The trustee may seek the bankruptcy court’s help in enforcing the performance of these duties…

2Cases cited22 opinions

  1. Catlin v. United StatesSupreme Court of the United States · 1945
  2. Quackenbush v. Allstate InsuranceSupreme Court of the United States · 1996
  3. Kontrick v. RyanSupreme Court of the United States · 2004
  4. Grant, Konvalinka & Harrison, PC v. BanksCourt of Appeals for the Sixth Circuit · 2013
  5. In the Matter of USA Diversified Products, Inc., Debtor. R. David Boyer, Trustee v. Carlton, Fields, Ward, Emmanuel, Smith & Cutler, P.A.Court of Appeals for the Seventh Circuit · 1996

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3Cited by15 opinions

  1. Los Alamos National Bank v. Lamey (In re Lamey)United States Bankruptcy Court, D. New Mexico · 2017
  2. Banco Cooperativo de P.R. v. Herrera (In re Herrera)Bankruptcy Appellate Panel of the First Circuit · 2018
  3. In re DodartUnited States Bankruptcy Court, D. Utah · 2017
  4. BUTLER v. WOJTKUNDistrict Court, D. Massachusetts · 2019
  5. Butler v. Wojtkun (In re Wojtkun)District Court, District of Columbia · 2019

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