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IN RE RUIZ

BAP No. UT-10-069. Bankruptcy No. 10-25368.

455 B.R. 745 (2011)

In re Jose L. RUIZ, also known as Joe Ruiz, and Carrie Ruiz, also known as Carrie Lee Ruiz, Debtors. Gary E. Jubber, Trustee, Appellant, v. Jose L. Ruiz and Carrie Ruiz, Appellees.

United States Bankruptcy Appellate Panel of the Tenth Circuit.

August 17, 2011.

Attorney(s) appearing for the Case

David R. Hague (Gary E. Jubber, Trustee, and Ashton J. Hyde with him on the brief) of Fabian & Clendenin, Salt Lake City, UT, for Appellant.

T. Jake Hinkins of Hinkins Law, LLC, South Jordan, UT, for Appellees.

Before CORNISH, Chief Judge, BROWN, and KARLIN, Bankruptcy Judges.

OPINION

KARLIN, Bankruptcy Judge.

Appellant, Gary E. Jubber, Trustee (the "Trustee"), appeals the bankruptcy court's decision denying his motion to require Appellees, Jose L. Ruiz and Carrie Ruiz ("Debtors"), to turn over estate assets. After oral argument and a review of the record, we reverse the order of the bankruptcy court.

I. BACKGROUND

During the one month period preceding the filing of their Chapter 7 bankruptcy petition, electronically...

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