Legal Opinion

Milbank v. Tomlin Properties (In re Tomlin)

United States Bankruptcy Court, N.D. Texas

Decided January 11, 2002No. Bankruptcy No. 99-35175-HCA-7; Adversary No. 00-3585PublishedCited by 1 opinion

1Opinion of the Court

FINDINGS OF FACT AND CONCLUSIONS OF LAW

HAROLD C. ABRAMSON, Bankruptcy Judge.

This adversary proceeding was brought by Robert Milbank, Jr., the Chapter 7 Trustee of the Debtor’s bankruptcy estate to: i) object to the Proofs of Claim filed by Tomlin Properties; ii) determine whether Debtor’s capital account in Tomlin Properties, a Texas general partnership (“TP”) is burdened with a negative balance as a result of a series of inaccurate accounting methods with respect to transfers of property and partnership assets and, iii) determine whether the Trustee is entitled to turnover of $35,431.88 in…

2Cases cited12 opinions

  1. United States v. Munsey Trust Co.Supreme Court of the United States · 1947
  2. Commissioner v. National Alfalfa Dehydrating & Milling Co.Supreme Court of the United States · 1974
  3. Putnam v. CommissionerSupreme Court of the United States · 1956
  4. In Re Benjamin Pierce Simmons, Bankrupt. Benjamin Pierce Simmons v. J.T. SavellCourt of Appeals for the Fifth Circuit · 1985
  5. Aetna Life Ins. Co. v. MiddleportSupreme Court of the United States · 1888

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3Cited by1 opinion

  1. Haskell v. Goldman, Sachs & Co. (In Re Genesis Health Ventures, Inc.)United States Bankruptcy Court, D. Delaware · 2005

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