United States Eighth Circuit

In a Chapter 7 bankruptcy case in which the bankruptcy petition did not list several checks which had been written prior to the debtor's filing but not yet honored, a decision reversing an order for debtor to return to the estate money in the bank account that had not processed as of the date of bankruptcy filing is affirmed, as funds transferred by the checks were property of the estate, the debtor did not have control of money after the checks were honored, and consequently he could not be subject to a motion to compel turnover.

Appellate Information

• Decided 05/23/2007
• Published 05/23/2007

Judges

• MURPHY, Circuit Judge., Before MURPHY, BENTON, and SHEPHERD, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Pamela B. Leonard, argued, St. Louis, MO, for appellant., Bryan T. Voss, argued, O'Fallon, MO, for amicus curiae parties of Certain Chapter 7 Trustees, and The National Association of Bankruptcy Trustees.


• For Appellees:
  
• Gary D. Bollinger, argued, St. Louis, MO, for appellee.