IN RE BALDWIN

Nos. 06-7083, 09-7004.

593 F.3d 1155 (2010)

In re Trenton J. BALDWIN, d/b/a Cross-Triangle Brangus, d/b/a Spot Light Flowers & Gifts, d/b/a With Photography On The Side; Carolyn S. Baldwin, a/k/a Carolyn S. Bailey, d/b/a Borken Bow School of Dance, d/b/a Spot Light Flowers & Gifts, Debtors. Gerald R. Miller, Trustee, Plaintiff-Appellant, v. Bill and Carolyn Limited Partnership, an Oklahoma Limited Partnership; The Maxie O. "Bill" Bailey Living Trust; Maxie O. "Bill" Bailey, Defendants-Appellees, and Trenton J. Baldwin; Carolyn S. Baldwin, Defendants. In re Trenton J. Baldwin; Carolyn S. Baldwin, a/k/a Carolyn S. Bailey, Debtors. Bill and Carolyn Limited Partnership, an Oklahoma limited partnership; The Maxie O. "Bill" Bailey Living Trust; Maxie O. "Bill" Bailey, Appellants, v. Gerald R. Miller, Trustee, Appellee.

United States Court of Appeals, Tenth Circuit.

January 26, 2010.


Attorney(s) appearing for the Case

Ross A. Plourde (Drew D. Webb with him on the briefs) of McAfee & Taft, Oklahoma City, OK, for Gerald R. Miller, Trustee.

Charles E. Wetsel of Robertson & Williams, Oklahoma City, OK, for Bill and Carolyn Limited Partnership, the Maxie O. "Bill" Bailey Living Trust, and Maxie O. "Bill" Bailey.

Before KELLY, McKAY, and LUCERO, Circuit Judges.


McKAY, Circuit Judge.

These two consolidated appeals arise from separate adversary proceedings in a Chapter 7 bankruptcy case. Both adversary proceedings involve the same parties and relate to a family limited partnership in which Debtor Carolyn Baldwin owned a 99% limited partnership interest at the time the bankruptcy proceeding commenced. The parties have agreed on appeal that the bankruptcy trustee stepped into the shoes of the debtor with respect to this partnership...

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