IN RE COUMBE

BAP No. AZ-03-1263-RyPMo, Bankruptcy No. 02-18055-PHX-CGC.

304 B.R. 378 (2003)

In re John F. COUMBE and Holly Barrett Coumbe, Debtors. David A. Birdsell, Chapter 7 Trustee, Appellant, v. John F. Coumbe; Holly Barrett Coumbe; Wells Fargo, Appellees.

United States Bankruptcy Appellate Panel of the Ninth Circuit.

Filed December 24, 2003.


Attorney(s) appearing for the Case

Alan B. Nach, Lane & Nach, P.C., Phoenix, AZ, for David A. Birdsell, Trustee.

Michael W. Carmel, Law Office of Michael W. Carmel, Phoenix, AZ, for John F. Coumbe and Holly Barrett Coumbe.

Before RYAN, PERRIS, and MONTALI, Bankruptcy Judges.


OPINION

RYAN, Bankruptcy Judge.

After John F. and Holly B. Coumbe ("Debtors") filed a chapter 71 bankruptcy petition, Davis A. Birdsell was appointed the chapter 7 trustee ("Trustee"). Trustee then filed a motion (the "Motion") to compel Debtors to turn over certain testamentary trust property as property of the estate. After a hearing, the court entered an order (the "Order") denying the Motion. Trustee timely appealed...

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