United States Tenth Circuit

In a bankruptcy case, an order authorizing a surcharge of debtors' exempt property is reversed where: 1) the bankruptcy court exceeded its equitable authority under Bankruptcy Code section 105(a) in authorizing the surcharge of debtors' exempt assets; and 2) the BAP erred in concluding that the bankruptcy court had implicitly determined that certain distributions were estate property, for purposes of applying the law-of-the-case doctrine.

Appellate Information

• Decided 08/08/2008
• Published 08/11/2008

Judges

• TACHA, Circuit Judge., Before TACHA, BRISCOE, and HARTZ, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• Submitted on the briefs: , Sam George Caporal and Mark W. Hayes, Oklahoma City, OK, for the Appellants.


• For Appellees:
  
• John Mashburn, Trustee, Garvin, Agee, Carlton & Mashburn, P.C., Edmond, OK, for the Appellee.