- 11 U.S.C.
Rhiel v. Hook (In re Johnson)
Jun
25
2009
Ruling
Judge's prior credibility finding in hearing on turnover motion was not grounds for recusal from subsequent adversary proceeding.
Procedural posture
In debtor's underlying chapter 7 case, plaintiff trustee filed a motion for turnover against the debtor. The trustee filed an adversary proceeding against defendant to recover the same property that was the subject of the motion for turnover and about which defendant testified previously. Pursuant to 28 U.S.C.S. §§ 144 and 455, defendant moved for the assigned judge to recuse herself from the proceedings.
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Court
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