Legal Opinion
Marrs-Winn Co. v. Giberson Electric, Inc. (In Re Marrs-Winn Co.)
United States Bankruptcy Court, C.D. Illinois
Decided February 2, 1995No. 19-70066PublishedCited by 2 opinions
1Opinion of the Court
OPINION
LARRY L. LESSEN, Bankruptcy Judge.
The issue before the Court is whether a creditor wrongfully seized funds in the Debtor-in-Possession’s bank account. In resolving this issue, the Court must determine whether the funds were trust funds in which the Debtor held only bare legal title, or whether the funds were property of the estate and therefore subject to the creditor’s security interest.
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2Cases cited7 opinions
- Butner v. United StatesSupreme Court of the United States · 1979
- Kham & Nate's Shoes No. 2, Inc., Debtor-Appellee v. First Bank of WhitingCourt of Appeals for the First Circuit · 1990
- In the Matter of Daniel J. YONIKUS and Carolyn S. Yonikus, Debtors. Appeal of Daniel J. YONIKUSCourt of Appeals for the Seventh Circuit · 1993
- Electrical Workers, Local No. 1 Credit Union v. IBEW-NECA Holiday Trust FundSupreme Court of Missouri · 1979
- T & B Scottdale Contractors, Inc. v. United StatesCourt of Appeals for the Eleventh Circuit · 1989
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3Cited by2 opinions
- In Re Marrs-Winn Company, Inc., Debtor. Marrs-Winn Company, Inc. And J.S. Alberici Construction Company, Inc. v. Giberson Electric, Inc.Court of Appeals for the Seventh Circuit · 1996
- Steven E. Dotlich v. Tucker Hester, LLCIndiana Court of Appeals · 2015