Septimo v. Farmer (In re Septimo)

Summarized by Laura Coordes , Arizona State University, Sandra Day O'Connor College of Law
11 years 10 months ago

Citation:

Septimo v. Farmer (In re Septimo), D.C. No. 1:11-cv-00315-DAE-RLP (9th Cir. Apr. 25, 2014) (unpublished)

Tag(s):

Ruling:

The Ninth Circuit Court of Appeals, in a ruling marked "Not for Publication," affirmed the District Court for the District of Hawaii's affirmation of the bankruptcy court's order compelling the Chapter 7 debtor to cooperate with the trustee of the debtor's estate regarding the transfer of the debtor's home. The Court of Appeals held that the debtor may not interfere with the sale of estate property and that the bankruptcy court had properly ordered the debtor to cooperate with the trustee pursuant to 11 U.S.C. section 521.

Procedural context:

Appeal from the district court's affirmation of the bankruptcy court's order compelling the debtor to cooperate with the Chapter 7 trustee; reviewed de novo.

Facts:

The debtor scheduled her home as real property on Schedule A to her voluntary petition for bankruptcy and also claimed an exemption for the home, The bankruptcy court sustained the trustee's objection to the exemption. The trustee planned to transfer the home, which was part of the estate, but the debtor denied the realtor for the bankruptcy estate access to the home. The trustee then sought and obtained an order from the bankruptcy court compelling the debtor to cooperate with the trustee.

Judge(s):

Hawkins, McKeown, Bea

ABI Membership is required to access the full summary. Please Sign In using your ABI Member credentials. Not a Member yet? Join ABI now - it is absolutely worth it!