United States Tenth Circuit

In an appeal from the bankruptcy appellate panel's holding that the Bankruptcy Code's turnover provision, 11 U.S.C. section 542, did not empower a trustee to demand turnover from a debtor in this case, the order is affirmed with modification where debtors' interest in a 2006 tax refund, irrevocably applied pre-petition to 2007 taxes, was not subject to turnover under 11 U.S.C. section 542(a).

Appellate Information

• Decided 06/29/2010
• Published 06/29/2010

Judges

• William J. Holloway

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• Jeffrey A. Weinman