989 F.2d 328 (9th Cir. 1993), 91-16370, In re Tucker

Docket Nº:91-16370.
Citation:989 F.2d 328
Party Name:In re Barry G. TUCKER; Patricia A. Tucker, Debtors. 550 WEST INA ROAD TRUST, Appellant, v. Barry G. TUCKER; Patricia A. Tucker, Appellees.
Case Date:March 29, 1993
Court:United States Courts of Appeals, Court of Appeals for the Ninth Circuit
 
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Page 328

989 F.2d 328 (9th Cir. 1993)

In re Barry G. TUCKER; Patricia A. Tucker, Debtors.

550 WEST INA ROAD TRUST, Appellant,

v.

Barry G. TUCKER; Patricia A. Tucker, Appellees.

No. 91-16370.

United States Court of Appeals, Ninth Circuit

March 29, 1993

Argued and Submitted March 12, 1993.

Page 329

Michael M. Neal, Seefeldt, Sparks & Neal and Kevin Miniat, Tucson, AZ, for appellant.

Alan R. Solot, Tilton & Solot, Tucson, AZ, for appellees.

Appeal from the United States Bankruptcy Appellate Panel for the Ninth Circuit, Russell, Perris, and Meyers, Judges, Presiding.

Before: PREGERSON, BOOCHEVER and BEEZER, Circuit Judges.

BEEZER, Circuit Judge:

The 550 West Ina Road Trust appeals the Bankruptcy Appellate Panel's (BAP) judgment affirming the bankruptcy court's confirmation of Barry and Patricia Tucker's Chapter 13 plan. The Trust primarily argues the plan should not have been confirmed because the Tuckers, shortly before filing for bankruptcy, concealed funds and prevented a deputy sheriff from seizing those funds in partial satisfaction of a judgment. We have jurisdiction under 28 U.S.C. § 158(d), and we reverse and remand.

I

The Trust obtained a judgment for about $50,000 against the Tuckers and executed on the judgment when Mr. Miniat, an attorney for the Trust, believed the Tuckers had approximately $7,000 in cash. Mr. Tucker testified as follows on the circumstances surrounding the $7,000 and the inquiries by the executing deputy sheriff:

Mr. Miniat: Okay, so your wife has full knowledge of this money, and you give it to her. And tell me what you say to her when you give her the $7,000 in currency.

Mr. Tucker: I say, put it somewhere.

Q: Now, you say more than that.

A: I say, put it somewhere. I don't care where it is. Keep it. We're going to need it to settle with Miniat. And in the meantime, I don't want to know where it is.

. . . . .

Q: When she [the deputy sheriff] presented the writ, did she say that she was trying to collect money to satisfy the approximately $50,000 judgment?

A: Yes. Well, she said she was out to enforce that something got done on it. In other words, you know, to make sure

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that you were working on settling it, or whatever.

. . . . .

Q: Did she ask you if you had $7,000?

A: She asked me if I had $7,000.

Q: What did you tell her?

...

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