Legal Opinion

RES-GA Dawson, LLC v. Rogers (In re Rogers)

United States Bankruptcy Court, N.D. Georgia

Decided September 17, 2015No. Case No.: 13-22983-JRSPublishedCited by 7 opinions

1Opinion of the Court

CONTESTED MATTER

ORDER

James R. Sacca, U.S. Bankruptcy Court Judge

The Court must determine whether the Debtor, who is the sole trustee for and participant in a profit sharing plan, established and operated this alleged retirement plan in such a way that the Chapter 7 trustee is entitled to administer the assets in the plan for the benefit of creditors. The assets in the plan are estimated to be about $300,000 of cash, personal property and loans.

After Mr. Rogers filed for bankruptcy, a judgment creditor and the Chapter 7 trustee both filed motions to disallow an exemption he claimed in his…

2Cases cited17 opinions

  1. Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
  2. Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
  3. Fitzpatrick v. City of AtlantaCourt of Appeals for the Eleventh Circuit · 1993
  4. John M. HAIRSTON, Plaintiff-Appellant, v. the GAINESVILLE SUN PUBLISHING CO., Defendant-AppelleeCourt of Appeals for the Eleventh Circuit · 1994
  5. Patterson v. ShumateSupreme Court of the United States · 1992

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3Cited by7 opinions

  1. In re FosterUnited States Bankruptcy Court, E.D. Virginia · 2016
  2. Chorches v. Jie Xiao (In re Jie Xiao)United States Bankruptcy Court, D. Connecticut · 2018
  3. In re OrtizUnited States Bankruptcy Court, D. Puerto Rico · 2016
  4. Constance Gail MasonUnited States Bankruptcy Court, N.D. Georgia · 2019
  5. In re: Jose L. Lizardi OrtizUnited States Bankruptcy Court, D. Puerto Rico · 2016

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