Legal Opinion
Affiliated Computer Systems, Inc. v. Sherman (In re Kemp)
Court of Appeals for the Fifth Circuit
Decided May 18, 1995No. 94-10862PublishedCited by 24 opinions
1Per curiam
Defendant-Appellant Affiliated Computer Systems, Inc. (ACS) appeals from a judgment of the district court, affirming a holding of the bankruptcy court that $50,000 in ACS’s possession was property of the bankruptcy estate of the debtor, Douglas M. Kemp, a former employee of ACS, as of the date of Kemp’s filing for bankruptcy, and thus was subject to turnover to Kemp’s trustee, Plaintiff-Appellee Daniel J. Sherman (the Trustee). Concluding as a matter of law that the money was not held in escrow and that it was property in which Kemp had an ownership interest at the time that he declared…
2Cases cited21 opinions
- Butner v. United StatesSupreme Court of the United States · 1979
- Bank of Marin v. EnglandSupreme Court of the United States · 1966
- Matter of Haber Oil Co., Inc.Court of Appeals for the Fifth Circuit · 1994
- Louisiana World Exposition v. Federal Insurance CompanyCourt of Appeals for the Fifth Circuit · 1988
- Georgia Pacific Corporation v. Sigma Service CorporationCourt of Appeals for the Fifth Circuit · 1983
16 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Greyhound Lines, Inc. v. Rogers (In Re Eagle Bus Mfg., Inc.)Court of Appeals for the Fifth Circuit · 1995
- United States Ex Rel. Gebert v. Transport Administrative ServicesCourt of Appeals for the Eighth Circuit · 2001
- Bogdanov v. Laflamme (In Re LaFlamme)United States Bankruptcy Court, D. New Hampshire · 2008
- Baker v. RankCourt of Appeals for the Fifth Circuit · 1998
- In the Matter Of: Jason Gregory Stamm Lesley Dee Stamm, Debtors. Jason Gregory Stamm Lesley Dee Stamm v. Harvey L. Morton, Trustee, in the Matter Of: David Paul Mangrum, Debtor. David Paul Mangrum v. Harvey L. Morton, in the Matter Of: Romero Cazares Rosa Lopez Fuentes, Debtors. Romero Cazares Rosa Lopez Fuentes v. Harvey L. MortonCourt of Appeals for the Fifth Circuit · 2000
19 more not listed; retrieve them via the Exa API.