In Re Endres Auto Body and Paint, Debtor. John T. Kendall, Trustee v. Execu-Pac, Inc.

1 F.3d 1246 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. In re ENDRES AUTO BODY AND PAINT, Debtor. John T. KENDALL, Trustee, Plaintiff-Appellee, v. EXECU-PAC, INC., Defendant-Appellant. No. 92-15307. United States Court of Appeals, Ninth Circuit. Argued and Submitted July 12, 1993. Decided July 28, 1993. Before CHOY, HUG and LEAVY, Circuit Judges. 1 MEMORANDUM * 2 Execu-Pac, Inc. ("EPI") appeals from a decision of the Bankruptcy Appellate Panel ("BAP") affirming the bankruptcy court's entry of summary judgment in favor of the Chapter 7 trustee, John T. Kendall ("Trustee"). The undisputed facts are that EPI pursued its collection efforts against John Endres ("Endres") and his partnership, Endres Auto Body and Paint ("Debtor"), and then refused to turn over to the Trustee the money EPI obtained following its execution on the Debtor's bank account, despite having been put on notice that the Debtor had previously filed a petition in bankruptcy. 3 A creditor who willfully…