Legal Opinion

Troy Industrial Catering Service v. State, Department of Treasury, Revenue Division (In Re Troy Industrial Catering Service)

United States Bankruptcy Court, E.D. Michigan

Decided January 18, 1980No. 17-48802PublishedCited by 45 opinions

1Opinion of the Court

OPINION

GEORGE BRODY, Bankruptcy Judge.

This case presents the question of the power of the bankruptcy court to compel the turnover of property seized by a creditor prior to the filing of a Chapter 11 proceeding under the Bankruptcy Reform Act of 1978.

Troy Industrial Catering Service, a Michigan corporation (hereinafter referred to as the “debtor”), is involved in the industrial catering business. On May 24, 1979, the Department of Treasury of the State of Michigan issued a jeopardy assessment pursuant to MCLA § 205.64 against the debtor for unpaid sales taxes and, pursuant to this assessment,…

2Cases cited7 opinions

  1. Taubel-Scott-Kitzmiller Co. v. FoxSupreme Court of the United States · 1924
  2. Cline v. KaplanSupreme Court of the United States · 1944
  3. Phelps v. United StatesSupreme Court of the United States · 1975
  4. Galbraith v. VallelySupreme Court of the United States · 1921
  5. Bennett v. HunterSupreme Court of the United States · 1870

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3Cited by45 opinions

  1. United States v. Whiting Pools, Inc.Court of Appeals for the Second Circuit · 1982
  2. In Re YoungDistrict Court, District of Columbia · 1996
  3. First National Bank of Louisville v. Hurricane Elkhorn Coal Corp. II (In Re Hurricane Elkhorn Coal Corp. II)United States Bankruptcy Court, W.D. Kentucky · 1982
  4. In Re SweetwaterUnited States Bankruptcy Court, D. Utah · 1984
  5. In Re RidingUnited States Bankruptcy Court, D. Utah · 1984

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