Legal Opinion
Davis v. Moon (In re Usery)
District Court, W.D. Missouri
Decided September 23, 1993No. Bankruptcy Case No. 92-60255; Adv. No. 93-6040PublishedCited by 4 opinions
1Opinion of the Court
ORDER AND MEMORANDUM OPINION
KAREN M. SEE, Bankruptcy Judge.
Plaintiff Gladys Davis filed a motion to lift the automatic stay to require the trustee to turn over property she alleged belonged to her. The court holds the personal property does not belong to plaintiff, but is property of debtor’s bankruptcy estate under 11 U.S.C. § 541(a)(1), because plaintiff either gifted the property before bankruptcy or abandoned it. All parties agreed that this court may treat the motion as an adversary action and render a final judgment. See 28 U.S.C. § 157(c)(2).
I. FACTS
Plaintiff is debtor’s 82 year old…
2Cases cited9 opinions
- Butner v. United StatesSupreme Court of the United States · 1979
- United States v. Whiting Pools, Inc.Supreme Court of the United States · 1983
- Board of Trade of Chicago v. JohnsonSupreme Court of the United States · 1924
- Douglas S. Evans, Trustee v. Denzil Robbins, Roberta Robbins, Finley River Ranch Company, and the Inn Group, Inc.Court of Appeals for the Eighth Circuit · 1990
- Schultz v. SchultzSupreme Court of Missouri · 1982
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3Cited by4 opinions
- In Re: Bishweshwar Rai MAHENDRA, Debtor, Eric J. SNYDER, Creditor—Appellant, v. A. Thomas DEWOSKIN, Trustee—AppelleeCourt of Appeals for the Eighth Circuit · 1997
- DeBold v. Case (In Re Tri-River Trading, LLC)United States Bankruptcy Appellate Panel for the Eighth Circuit · 2005
- Eric J. Snyder v. A. Thomas DewoskinCourt of Appeals for the Eighth Circuit · 1997
- Jody DeBold v. E. Rebecca CaseUnited States Bankruptcy Appellate Panel for the Eighth Circuit · 2005