Legal Opinion
Lynn v. Darke (In Re Darke)
United States Bankruptcy Court, E.D. Michigan
Decided March 9, 1982No. 19-42065PublishedCited by 16 opinions
1Opinion of the Court
OPINION
GEORGE BRODY, Bankruptcy Judge.
On January 16, 1981, Eugene Darke and Carolyn Darke (debtors) filed a joint petition for relief under Chapter 7. The debtors, in their schedules, claimed as exempt pursuant to section 522(d)(5) a $4,000 fund held by their attorney in an escrow account. 1 The trustee instituted two actions contending that at least part of the escrow fund is recoverable for the estate.
The debtors did not appear at any of the scheduled hearings, although directed to do so by the court. 2 However, the facts necessary to decide this controversy are not in dispute.
More than a…
2Cases cited14 opinions
- National Bank of Newport v. National Herkimer County Bank of Little FallsSupreme Court of the United States · 1912
- Matter of Hamilton Hardware Co., Inc.United States Bankruptcy Court, E.D. Michigan · 1981
- York International Building, Inc. v. ChaneyCourt of Appeals for the Ninth Circuit · 1975
- In Re Detroit International Bridge Co.Court of Appeals for the Sixth Circuit · 1940
- Martine v. Cipa (In Re Cipa)United States Bankruptcy Court, W.D. Pennsylvania · 1981
9 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- In Re RobertsUnited States Bankruptcy Court, D. Utah · 1985
- In Re Watson Seafood & Poultry Co., Inc.United States Bankruptcy Court, E.D. North Carolina · 1984
- Dembs v. DembsCourt of Appeals for the Sixth Circuit · 1985
- Kretzer v. DFW Federal Credit Union (In Re Kretzer)United States Bankruptcy Court, D. Nevada · 1985
- In Re B & W Tractor Co., Inc.United States Bankruptcy Court, E.D. North Carolina · 1984
11 more not listed; retrieve them via the Exa API.