Legal Opinion
Forell v. Kent County Treasurer (In Re Kamstra)
United States Bankruptcy Court, W.D. Michigan
Decided July 30, 1985No. 18-02567PublishedCited by 8 opinions
1Opinion of the Court
OPINION
LAURENCE E. HOWARD, Bankruptcy Judge.
SECTION 724(b) and FIFTH AND TENTH AMENDMENTS TAX CLAIMS AS ADMINISTRATIVE EXPENSES
The trustee, Gordon Forell, has brought a complaint against Kent County and the City of Grand Rapids by which he seeks to subordinate the tax claims and liens of these entities to the estate’s administrative expenses under Section 724 of the Bankruptcy Code. In response the City and County assert that Section 724 violates the Fifth and Tenth Amendments to the United States’ Constitution, and that at least some of the outstanding taxes were incurred by the estate and…
2Cases cited18 opinions
- Penn Central Transportation Co. v. New York CitySupreme Court of the United States · 1978
- Loretto v. Teleprompter Manhattan CATV Corp.Supreme Court of the United States · 1982
- Garcia v. San Antonio Metropolitan Transit AuthoritySupreme Court of the United States · 1985
- National League of Cities v. UserySupreme Court of the United States · 1976
- Armstrong v. United StatesSupreme Court of the United States · 1960
13 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Flatau v. Jackson (In Re Hirsch-Franklin, Enterprises, Inc.)United States Bankruptcy Court, M.D. Georgia · 1986
- In Re SpruillUnited States Bankruptcy Court, E.D. North Carolina · 1987
- Wurst v. City of New York (In Re Packard Properties, Ltd.)United States Bankruptcy Court, N.D. Texas · 1990
- In Re Mall at One Associates, L.P.United States Bankruptcy Court, E.D. Pennsylvania · 1995
- Marion County Treasurer v. Blue Lustre Products, Inc.District Court, S.D. Indiana · 1997
3 more not listed; retrieve them via the Exa API.