MATTER OF SCHALK

No. 78-1512.

592 F.2d 993 (1979)

In the Matter of Robert Stephen SCHALK, Bankrupt. Curtis L. MANN, Trustee in Bankruptcy, Appellant, v. BELLE-BLAND BANK, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided January 29, 1979.


Attorney(s) appearing for the Case

Willard D. McCarter, Clayton, Mo., for appellant.

Kathleen M. Swihart, Clayton, Mo., for appellee; Marvin Klamen, Clayton, Mo., on brief.

Before HEANEY and ROSS, Circuit Judges, and TALBOT SMITH, Senior District Judge.


ROSS, Circuit Judge.

Appellant Curtis L. Mann, Trustee for the bankruptcy estate of Robert Stephen Schalk, sought to compel appellee, the Belle-Bland Bank, to turn over a 1972 Lancer trailer or the amount of its value which the trustee claims as an asset of Schalk's estate. The trustee asserts a right to the vehicle by virtue of sections 70(a) and 70(c) of the Bankruptcy Act, 11 U.S.C. § 110(a), (c). The Bankruptcy Referee denied the trustee's claim, and the...

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