Legal Opinion

Ohio Department of Taxation v. Swallen's, Inc. (In Re Swallen's, Inc.)

Bankruptcy Appellate Panel of the Sixth Circuit

Decided November 19, 2001No. 01-8036, 01-8037PublishedCited by 3 opinions

1Opinion of the Court

OPINION

JOHN C. COOK, Bankruptcy Appellate Panel Judge.

The Ohio Department of Taxation and the Ohio Bureau of Workers Compensation bring this appeal from a decision of the bankruptcy court granting a motion by the Debtor, Swallen’s, Inc., to distribute the funds remaining in its possession according to the distribution schedule in 11 U.S.C. § 507 and to dismiss its voluntary Chapter 11 case. For the reasons that follow, we reverse the decision and remand the case to the bankruptcy court for further proceedings.

I.ISSUES ON APPEAL

The principal issues in this case are (1) whether the bankruptcy…

2Cases cited14 opinions

  1. Lujan v. Defenders of WildlifeSupreme Court of the United States · 1992
  2. Church of Scientology of California v. United StatesSupreme Court of the United States · 1992
  3. Northwest Environmental Defense Center v. William G. Gordon, and State of Oregon, Defendants-Intervenors-AppelleesCourt of Appeals for the Ninth Circuit · 1988
  4. Ohio v. Madeline Marie Nursing HomesCourt of Appeals for the Sixth Circuit · 1982
  5. Cantrell v. City of Long BeachCourt of Appeals for the Ninth Circuit · 2001

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3Cited by3 opinions

  1. In re Family Christian, LLCUnited States Bankruptcy Court, W.D. Michigan · 2015
  2. In re Naartjie Custom Kids, Inc.United States Bankruptcy Court, D. Utah · 2015
  3. In Re Nicole Energy Services, Inc.United States Bankruptcy Court, S.D. Ohio · 2010

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