Legal Opinion

In Re Eisenbarger

United States Bankruptcy Court, E.D. Virginia

Decided August 9, 1993No. 01-81348PublishedCited by 7 opinions

1Opinion of the Court

MEMORANDUM OPINION

DOUGLAS O. TICE, Jr., Bankruptcy Judge.

This ease comes before the court on motion by the Internal Revenue Service (“IRS”) to determine whether the IRS’ post petition receipt of debtor’s business earnings, pursuant to a prepetition notice of levy, was property of the bankruptcy estate under 11 U.S.C. § 541 and therefore in violation of the turnover provisions of 11 U.S.C. § 542.

Hearing was held on the IRS’ motion on June 2, 1993, and the court took the matter under advisement. For the reasons given in this memorandum opinion, the court concludes that the funds received by the…

2Cases cited21 opinions

  1. United States v. Whiting Pools, Inc.Supreme Court of the United States · 1983
  2. G. M. Leasing Corp. v. United StatesSupreme Court of the United States · 1977
  3. United States v. Whiting Pools, Inc.Court of Appeals for the Second Circuit · 1982
  4. Cross Electric Company, Inc. v. United States of America, in Re Cross Electric Company, Inc., DebtorCourt of Appeals for the Fourth Circuit · 1981
  5. United States v. Donahue Industries, Inc., Dba Donahue Printing Company, and Rainier National BankCourt of Appeals for the Ninth Circuit · 1990

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3Cited by7 opinions

  1. In Re OliverUnited States Bankruptcy Court, E.D. Virginia · 1995
  2. Faith Missionary Baptist Church v. Internal Revenue Service (In Re Faith Missionary Baptist Church)United States Bankruptcy Court, E.D. Texas · 1994
  3. Fandre v. District Director, Dallas District, Internal Revenue Service (In Re Fandre)United States Bankruptcy Court, E.D. Texas · 1994
  4. Hunter v. United States (In Re Hunter)United States Bankruptcy Court, E.D. Arkansas · 1996
  5. In Re SmileyUnited States Bankruptcy Court, E.D. Pennsylvania · 1995

2 more not listed; retrieve them via the Exa API.

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