C. Conclusion. Based on the foregoing, the Court will enter a declaratory judgment in favor of Plaintiff, Philip J. Montoya Chapter 7 Trustee, providing that, as of the Petition Date, the Monte Carlo was a community interest of the Debtor and Mrs. Sasso. The Court will also order the Debtor and Mrs. Sasso to turnover the Monte Carlo to the Chapter 7 Trustee no later than November 30, 2016. 1 . First Amended Complaint, p. 19, ¶¶ 141-142 (Docket No. 12). 2 . The Chap (10th Cir. 1958) ("This court, whether reviewing testimony given orally to the trial court or submitted by deposition, does not weigh credibility anew and cannot say that the trial court could not rely on the credence of testimony given by deposition.”). 21 . See United States v. Smith, 156 F.3d 1046, 1053 (10th Cir. 1998) (<HOLDING>); Sorrentino v. I.R.S,, 383 F.3d 1187, 1198
holding that promises made by the prosecution to a witness in exchange for that witness testimony relate directly to the credibility of the witness holding that jurors may consider inconsistencies and deficiencies in testimony when assessing witness credibility holding that trier of fact may believe one witness disbelieve others and resolve inconsistencies in the testimony of any witness recognizing that assessing witness credibility is uniquely the function of the trier of fact holding jurors are the sole arbiters of witness credibility