Legal Opinion

Korte v. United States Internal Revenue Service (In Re Korte)

United States Bankruptcy Appellate Panel for the Eighth Circuit

Decided May 7, 2001No. 00-6117NIPublishedCited by 138 opinions

1Opinion of the Court

DREHER, Bankruptcy Judge.

Debtor J. Marshall Harvey Korte (“Debtor”) appeals from the bankruptcy court’s 1 decision denying Debtor his discharge pursuant to §§ 727(a)(2)(A) and (a)(4)(A) of the Bankruptcy Code. For the reasons set forth below, we affirm the decision of the bankruptcy court.

FACTS and PROCEDURAL HISTORY

In May 1988, Earl F. McGrane, a friend of Debtor’s father, created “Amstar Trust” (“Trust”), a “Common Law Trust Organization.” 2 Debtor was the “Grantor” of the Trust, and Fred J. Korte, Debtor’s father, was “Trustee” of the Trust. The purpose of the Trust, according to Debtor’s…

2Cases cited41 opinions

  1. Anderson v. City of Bessemer CitySupreme Court of the United States · 1985
  2. United States v. United States Gypsum Co.Supreme Court of the United States · 1948
  3. Grogan v. GarnerSupreme Court of the United States · 1991
  4. In Re Seymour Chalik, Debtor. Seymour Chalik v. Harold D. Moorefield, Jr., TrusteeCourt of Appeals for the Eleventh Circuit · 1984
  5. Morris Rosen, Debtor v. Karen E. Bezner, Trustee, Morris RosenCourt of Appeals for the Third Circuit · 1993

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3Cited by138 opinions

  1. Floret, L.L.C. v. Sendecky (In Re Sendecky)United States Bankruptcy Appellate Panel for the Eighth Circuit · 2002
  2. B-Real, LLC v. Chaussee (In Re Chaussee)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2008
  3. Structured Asset Services, L.L.C. v. Self (In Re Self)United States Bankruptcy Court, N.D. Illinois · 2005
  4. Freelife International, LLC v. Butler (In Re Butler)United States Bankruptcy Court, D. Utah · 2006
  5. Kaler v. Charles (In re Charles)United States Bankruptcy Appellate Panel for the Eighth Circuit · 2012

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