Legal Opinion
Crawford v. Hertzberg (In re Hertzberg)
United States Bankruptcy Court, W.D. Pennsylvania
Decided November 4, 2014No. Bankruptcy No. 13-23753-JAD; Adversary No. 14-2141-JADPublishedCited by 2 opinions
1Opinion of the Court
MEMORANDUM OPINION
JEFFERY A. DELLER, Chief Judge.
This is a case that finds itself in a unique position. That position is a chapter 7 bankruptcy trustee filing suit against a chapter 11 debtor-in-possession. The gravamen of the dispute is that the chapter 7 trustee is seeking the turnover of $145,000 in retirement funds (the “Retirement Funds”) in the possession, custody and *101control of the chapter 11 debtor-in-possession.1
Since this adversary proceeding concerns property of the bankruptcy estates, or more appropriately property of one bankruptcy estate and alleged property of the other…
2Cases cited22 opinions
- Ashcroft v. IqbalSupreme Court of the United States · 2009
- Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
- Butner v. United StatesSupreme Court of the United States · 1979
- Stern v. MarshallSupreme Court of the United States · 2011
- Burtch v. Milberg Factors, Inc.Court of Appeals for the Third Circuit · 2011
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3Cited by2 opinions
- Philadelphia Entertainment & Development Partners, L.P. v. Pennsylvania Department of Revenue (In re Philadelphia Entertainment & Development Partners, L.P.)United States Bankruptcy Court, E.D. Pennsylvania · 2016
- Gremillion v. HealthEdge Investment Fund, L.P. (In re Gremillion)United States Bankruptcy Court, E.D. Louisiana · 2016