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IN RE GRAVES

BAP No. CO-08-038. Bankruptcy No. 07-20569-ABC.

396 B.R. 70 (2008)

In re James Winslow GRAVES, doing business as Custom Woods Construction, LLC, and Kathryn Patricia Graves, Debtors. Jeffrey A. Weinman, Trustee, Appellant, v. James Winslow Graves and Kathryn Patricia Graves, Appellees.

United States Bankruptcy Appellate Panel of the Tenth Circuit.

October 22, 2008.

Attorney(s) appearing for the Case

Submitted on the briefs:* Jeffrey A. Weinman, Trustee, pro se.

Before BOHANON, MICHAEL, and THURMAN, Bankruptcy Judges.

THURMAN, Bankruptcy Judge.

The Chapter 7 bankruptcy trustee appeals the bankruptcy court's order denying his motion to compel debtors, James and Kathryn Graves ("Debtors") to turnover the value of a pre-petition tax refund that Debtors applied to prepayment of their 2007 taxes, prior to filing their bankruptcy case. We affirm.

I. BACKGROUND

In July 2007, Debtors filed their 2006 tax return. Pursuant to that return, Debtors were entitled to a refund...

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