Legal Opinion

In Re Griffin

United States Bankruptcy Court, M.D. Tennessee

Decided December 14, 1979No. Bankruptcy 78-31681, 78-31682PublishedCited by 15 opinions

1Opinion of the Court

MEMORANDUM

RUSSELL H. HIPPE, Jr., Bankruptcy Judge.

This matter is before the court on an application of the trustee seeking a determination that the proceeds of two tax refund checks issued by the Internal Revenue Service payable jointly to the bankrupts are assets of their estates. The checks are in the amounts of $958.38 for 1977 and $318.82 for 1978.

At the hearing the attorney for the bankrupts raised two defenses.

The first defense involves the application of the decision in Kokoszka v. Belford, 417 U.S. 642, 94 S.Ct. 2431, 41 L.Ed.2d 374 (1974) in light of the fact that one of the refund…

2Cases cited5 opinions

  1. Kokoszka v. BelfordSupreme Court of the United States · 1974
  2. In the Matter of Gary Gene Wetteroff, Bankrupt. Gary Gene Wetteroff, and Joan M. Wetteroff v. Sheldon D. Grand, TrusteeCourt of Appeals for the Eighth Circuit · 1972
  3. Jones v. Burgess (In Re Burgess)United States Bankruptcy Court, M.D. Tennessee · 1979
  4. In the Matter of Jacob Jack Aveni, Jr., Bankrupt. Jacob Jack Aveni, Jr. v. Morton Richman, Trustee in BankruptcyCourt of Appeals for the Sixth Circuit · 1972
  5. In re WilsonDistrict Court, W.D. Virginia · 1901

3Cited by15 opinions

  1. In Re Barrington Oaks General PartnershipUnited States Bankruptcy Court, D. Utah · 1981
  2. Matter of IPC Atlanta Ltd. PartnershipUnited States Bankruptcy Court, N.D. Georgia · 1992
  3. Van Lieshout v. Verill (In Re Verill)United States Bankruptcy Court, D. Maryland · 1982
  4. Barowsky v. Serelson (In re Barowsky)Court of Appeals for the Tenth Circuit · 1991
  5. Loevy v. Aldrich (In Re Aldrich)United States Bankruptcy Court, W.D. Tennessee · 2000

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