Legal Opinion
In Re Challenge Air International, Inc., Debtor. United States of America v. Challenge Air Int'l Inc., American Express Bank International
Court of Appeals for the Eleventh Circuit
Decided January 30, 1992No. 91-5211PublishedCited by 37 opinions
1Opinion of the Court
DYER, Senior Circuit Judge:
This appeal involves the turnover of a cash fund under 11 U.S.C. § 542, claimed by a chapter 11 trustee in a reorganization proceeding as property of the debtor’s estate, after a prepetition levy by the Internal Revenue Service (IRS) to seize the property from a third party. The district court, on appeal from the bankruptcy court, found that the trustee is entitled to the fund, relying on United States v. Whiting Pools, 462 U.S. 198, 103 S.Ct. 2309, 76 L.Ed.2d 515 (1983). 123 B.R. 661. We affirm.
I. BACKGROUND
Challenge Air International, Inc. operated a commercial…
2Cases cited9 opinions
- United States v. Whiting Pools, Inc.Supreme Court of the United States · 1983
- United States v. National Bank of CommerceSupreme Court of the United States · 1985
- Phelps v. United StatesSupreme Court of the United States · 1975
- United States v. Huckabee Auto Co.Court of Appeals for the Eleventh Circuit · 1986
- United States v. Cornelius W. SullivanCourt of Appeals for the Third Circuit · 1964
4 more not listed; retrieve them via the Exa API.
3Cited by37 opinions
- Moratzka v. Visa U.S.A. (In Re Calstar, Inc.)United States Bankruptcy Court, D. Minnesota · 1993
- Bank United v. ManleyDistrict Court, N.D. Alabama · 2001
- Gouveia v. Internal Revenue Service of the United States (In Re Quality Health Care)United States Bankruptcy Court, N.D. Indiana · 1997
- Ian Michael Stead Belinda A. Stead v. United StatesCourt of Appeals for the Ninth Circuit · 2005
- Turner v. DeKalb Bank (In Re Turner)United States Bankruptcy Court, N.D. Alabama · 1997
32 more not listed; retrieve them via the Exa API.