Legal Opinion

Stein v. Stubbs (In re Stubbs)

Bankruptcy Appellate Panel of the Sixth Circuit

Decided March 9, 2017No. Nos. 16-8025/8027PublishedCited by 8 opinions

1Opinion of the Court

OPINION

GUY R. HUMPHREY, Bankruptcy Appellate Panel Judge.

These related appeals concern a Chapter 7 trustee’s efforts to obtain income tax returns from a debtor and the remedies which the trustee pursued upon the debt- or’s failure to turn over the tax returns. The trustee appeals orders denying the trustee’s default judgment motion in an adversary proceeding seeking to revoke the debtor’s discharge for failure to turn over the tax returns; dismissing the adversary proceeding and vacating an order which required the debtor to appear for a Bankruptcy Rule 2004 examination. Because the trustee’s…

2Cases cited27 opinions

  1. Kontrick v. RyanSupreme Court of the United States · 2004
  2. Costello v. United StatesSupreme Court of the United States · 1961
  3. Midland Asphalt Corp. v. United StatesSupreme Court of the United States · 1989
  4. United States v. RylanderSupreme Court of the United States · 1983
  5. Royal Air Properties, Inc., a Corporation, Harold L. Heathman and Madge I. Heathman v. R. Philip SmithCourt of Appeals for the Ninth Circuit · 1962

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3Cited by8 opinions

  1. Amanda Michelle MelcherUnited States Bankruptcy Court, E.D. Kentucky · 2022
  2. Cambrian Holding Company, Inc.United States Bankruptcy Court, E.D. Kentucky · 2022
  3. Federal National Mortgage Association v. CawoodDistrict Court, E.D. Tennessee · 2019
  4. In Re: Tony R. Jones v. City of Chicago, IllinoisUnited States Bankruptcy Court, N.D. Illinois · 2024
  5. In re: Kossoff PLLC; Albert Togut, Not Individually but Solely in His Capacity as Chapter 7 Trustee of the Estate of Kossoff PLLC v. VNB New York LLC, Valley National Bank, Mitchell H. Kossoff, and Pamela Kossoff, in her capacity as Executor of the Estate of Phyllis Kossoff; Albert Togut, Not Individually but Solely in His Capacity as Chapter 7 Trustee of the Estate of Kossoff PLLC v. Roc Le Triomphe Associates LLC, Hampton Management Co., LLC, and Mitchell H. KossoffUnited States Bankruptcy Court, S.D. New York · 2026

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