Legal Opinion
Birdsell v. Petersen (In Re Petersen)
District Court, D. Arizona
Decided September 27, 2010No. Civ. No. 09-1600 PHX RCB. Bankruptcy No. 02-01937-PHX SCC. Adversary No. 02-0576. BAP No. AZ-09-1210PublishedCited by 3 opinions
1Opinion of the Court
ORDER
ROBERT C. BROOMFIELD, Senior District Judge.
Introduction
This adversary proceeding is before the court now for the third time. Once again the broad issue is what funds, if any, defendant/appellee, David A. Petersen (“defendant”), must turn over to Trustee/appellant, David Birdsell (“Trustee”), as part of the bankruptcy estate pursuant to the Bankruptcy Code (“the Code”), 11 U.S.C. § 542. 1 Despite finding community property assets of $110,881.34, the bankruptcy court found that the bankruptcy estate and defendant each had a one-half interest in that community property, ie., $55,440.62.…
2Cases cited24 opinions
- Moore v. New York Cotton ExchangeSupreme Court of the United States · 1926
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- Ormsby v. First American Title Co.Court of Appeals for the Ninth Circuit · 2010
- Ford v. Baroff (In re Baroff)Court of Appeals for the Ninth Circuit · 1997
- In Re Straightline Investments, Inc.Court of Appeals for the Ninth Circuit · 2008
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3Cited by3 opinions
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