Legal Opinion

Schwartz v. Commonwealth of Pennsylvania Department of Revenue (In Re Miller's Auto Supplies, Inc.)

District Court, E.D. Pennsylvania

Decided July 12, 1988No. Civ. A. 87-4934, Bankruptcy No. 84-02233K, Adv. No. 86-0148SPublishedCited by 6 opinions

1Opinion of the Court

ORDER

O’NEILL, District Judge.

1. Commonwealth of Pennsylvania Department of Revenue appeals from a final order of the Bankruptcy Court for the Eastern District of Pennsylvania. This Court’s jurisdiction is based on 28 U.S.C. § 158.

2. The appeal arises from an adversarial proceeding brought by debtor’s trustee against appellant to avoid, as preferential transfers under 11 U.S.C. § 547(b) (1979 & Supp.1988) 1 , sales tax and withheld employee income tax payments made by debt- or to appellant. Appellant denied that the payments constituted a transfer of property of the debtor’s estate under §…

2Cases cited8 opinions

  1. United States v. RandallSupreme Court of the United States · 1971
  2. In Re Philadelphia Athletic Club, Inc.District Court, E.D. Pennsylvania · 1982
  3. Murray Drabkin v. District of Columbia, Murray Drabkin, Trustee v. District of ColumbiaCourt of Appeals for the D.C. Circuit · 1987
  4. Aab v. Wesco Corp. (In Re Casco Electric Corp.)United States Bankruptcy Court, E.D. New York · 1983
  5. Air Florida Systems, Inc. v. United States (In Re Air Florida Systems, Inc.)United States Bankruptcy Court, S.D. Florida. · 1985

3 more not listed; retrieve them via the Exa API.

3Cited by6 opinions

  1. In Re Kulzer Roofing, Inc.United States Bankruptcy Court, E.D. Pennsylvania · 1992
  2. Orsa Associates, Inc. v. MBA Financial, Inc. (In Re Orsa Associates)United States Bankruptcy Court, E.D. Pennsylvania · 1989
  3. Baehr v. Internal Revenue Service Center (In Re E & S Comfort, Inc.)United States Bankruptcy Court, E.D. Pennsylvania · 1988
  4. Schwartz v. Commonwealth of Pennsylvania Department of Revenue (In Re Miller's Auto Supplies, Inc.)United States Bankruptcy Court, E.D. Pennsylvania · 1988
  5. In Re Financial Resources Mortg., Inc.United States Bankruptcy Court, D. New Hampshire · 2012

1 more not listed; retrieve them via the Exa API.

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