IN RE BASKETT

BAP No. 97-8102.

219 B.R. 754 (1998)

In re Patricia Lucille BASKETT, Debtor. E. Hanlin BAVELY, Plaintiff-Appellee, v. Benny POWELL, a.k.a. Binii Azzar, d.b.a., New Look Auto & Trim, Defendant-Appellant.

United States Bankruptcy Appellate Panel of the Sixth Circuit.

Decided April 7, 1998.


Attorney(s) appearing for the Case

E. Hanlin Bavely, argued and on brief, Cincinnati, OH, for Appellee.

Arthur Charles Church, argued and on brief, Cincinnati, OH, for Appellant.

Before: BAXTER, LUNDIN, and RHODES, Bankruptcy Appellate Panel Judges.


OPINION

Defendant-Appellant, Benny Powell,1 appeals the bankruptcy court's denial of his motion to set aside a default judgment on a complaint for turnover of property under 11 U.S.C. § 542. Based on Pioneer Investment Serv. Co. v. Brunswick Assoc. Ltd., 507 U.S. 380, 113 S.Ct. 1489, 123 L.Ed.2d 74 (1993), the Panel concludes that the bankruptcy court abused its discretion in refusing to set...

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