Legal Opinion

Newman v. Schwartzer (In Re Newman)

United States Bankruptcy Appellate Panel for the Ninth Circuit

Decided February 4, 2013No. BAP NV-12-1439-JuKiD; Bankruptcy 11-28663-LBRPublishedCited by 20 opinions

1Opinion of the Court

OPINION

JURY, Bankruptcy Judge.

Chapter 7 1 debtor Eugene Scott Newman, Jr., appeals the bankruptcy court’s order granting the motion to compel turnover of debtor’s 2011 tax refund in the amount of $4,727 brought by chapter 7 trustee Lenard Schwartzer. We AFFIRM.

I. FACTS

Debtor and his spouse are married and residents of Nevada. On December 2, 2011, debtor filed his individual chapter 7 petition. Debtor’s schedules did not list his 2011 tax refund as an asset nor did he claim any portion of the refund exempt.

In January 2012, debtor made three amendments to his Schedules B and C which related to…

2Cases cited25 opinions

  1. Butner v. United StatesSupreme Court of the United States · 1979
  2. Travelers Casualty & Surety Co. of America v. Pacific Gas & Electric Co.Supreme Court of the United States · 2007
  3. Maggio v. ZeitzSupreme Court of the United States · 1948
  4. United States v. Calvin Wayne BucklandCourt of Appeals for the Ninth Circuit · 2002
  5. In Re: Michael W. Sheehan Wilhelmina Sheehan, Debtors. Yoji Oyama v. Michael W. Sheehan Wilhelmina SheehanCourt of Appeals for the Ninth Circuit · 2001

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3Cited by20 opinions

  1. Brian Shapiro v. Barbara HensonCourt of Appeals for the Ninth Circuit · 2014
  2. Elliott v. Weil (In Re Elliott)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2015
  3. In re PilateUnited States Bankruptcy Court, District of Columbia · 2013
  4. In re: Stephen J. Anderson and Melanie AndersonUnited States Bankruptcy Appellate Panel for the Ninth Circuit · 2017
  5. Weinstein v. FoxNevada Supreme Court · 2013

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

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