Legal Opinion
Midkiff v. Stewart
Court of Appeals for the Tenth Circuit
Decided September 4, 2003No. 02-8004PublishedCited by 30 opinions
1Opinion of the Court
HENRY, Circuit Judge.
In this case, we face the familiar choice between finality and accuracy. We choose accuracy, and we therefore hold that Rule 9024 of the Federal Rules of Bankruptcy Procedure may be used to provide relief from a bankruptcy discharge order. Exercising jurisdiction under 28 U.S.C. § 158(d), we thus AFFIRM the decisions of the Bankruptcy Court and of the Bankruptcy Appellate Panel vacating a discharge order and allowing a trustee to collect and disburse an income tax refund under the terms of a bankruptcy plan.
I. BACKGROUND
The appellants, Dale Ogle Midkiff and Anita Joyce…
2Cases cited9 opinions
- In Re John H. Gledhill and Gloria K. Gledhill, Debtors, State Bank of Southern Utah v. John H. Gledhill and Gloria K. GledhillCourt of Appeals for the Tenth Circuit · 1996
- In Re William FESQ, Debtor. BRANCHBURG PLAZA ASSOCIATES, L.P., Appellant, v. William FESQCourt of Appeals for the Third Circuit · 1998
- Tuttle v. United StatesCourt of Appeals for the Tenth Circuit · 2002
- Charles Schusterman and Lynn N. Schusterman v. United StatesCourt of Appeals for the Tenth Circuit · 1995
- In Re GlennDistrict Court, E.D. Pennsylvania · 1997
4 more not listed; retrieve them via the Exa API.
3Cited by30 opinions
- Rupp v. United Security Bank (In Re Kunz)Court of Appeals for the Tenth Circuit · 2007
- In Re BulsonUnited States Bankruptcy Court, W.D. Michigan · 2005
- United States Ex Rel. Department of Agriculture Farm Service Agency v. Myers (In Re Myers)Court of Appeals for the Tenth Circuit · 2004
- Vehicle Market Research, Inc. v. Mitchell International, Inc.Court of Appeals for the Tenth Circuit · 2014
- In Re LawsonUnited States Bankruptcy Court, D. Utah · 2007
25 more not listed; retrieve them via the Exa API.