Legal Opinion

Shubert v. Carels (In Re Carels)

United States Bankruptcy Court, E.D. Pennsylvania

Decided August 20, 2009No. 19-10327PublishedCited by 2 opinions

1Opinion of the Court

MEMORANDUM

BRUCE FOX, Bankruptcy Judge.

The plaintiff, chapter 7 trustee Christine C. Shubert, Esq., commenced this adversary proceeding seeking a declaration that property of the estate, transferred to her possession by the former chapter 13 trustee, can be distributed to unsecured creditors under 11 U.S.C. § 726. William C. Miller, Esq., the former chapter 13 trustee, has agreed that he holds no interest in these funds. “Consent Order” (docketed July 21, 2009). The chapter 7 debtors, Scott and Joann Carels, object to the relief sought by the plaintiff and contend, via counterclaim, that the…

2Cases cited43 opinions

  1. Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
  2. Taylor v. Freeland & KronzSupreme Court of the United States · 1992
  3. Goodman v. Mead Johnson & Co.Court of Appeals for the Third Circuit · 1976
  4. Groman v. Township Of ManalapanCourt of Appeals for the First Circuit · 1995
  5. Murphy v. Duquesne University of Holy GhostSupreme Court of Pennsylvania · 2001

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3Cited by2 opinions

  1. Michael v. DeHart (In Re Michael)United States Bankruptcy Court, M.D. Pennsylvania · 2010
  2. Lisa M. ManzUnited States Bankruptcy Court, D. New Jersey · 2020

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