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SHAPIRO v. HENSON

No. 11-16019.

739 F.3d 1198 (2014)

Brian David SHAPIRO, Trustee of the bankruptcy estate of Barbara Melinda Henson, Appellant, v. Barbara Melinda HENSON, Appellee.

United States Court of Appeals, Ninth Circuit.

Filed January 9, 2014.

Attorney(s) appearing for the Case

Brian D. Shapiro , Law Office of Brian D. Shapiro, LLC, Las Vegas, NV, for Appellant.

Tara Twomey , National Consumer Bankruptcy Rights Center, San Jose, CA, for Amicus Curiae National Association of Consumer Bankruptcy Attorneys.

Before: N. RANDY SMITH and JACQUELINE H. NGUYEN, Circuit Judges, and GORDON J. QUIST, Senior District Judge.

OPINION

N.R. SMITH, Circuit Judge:

Bankruptcy Code § 542(a) grants a bankruptcy trustee the power to recover property of the debtor's estate or such property's value. With this power, the trustee may seek recovery from entities having "possession, custody, or control" of the property sought, whether the property was in the entity's possession, custody, or control at the time the motion was filed or at any other point during the pendency of the bankruptcy...

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