Legal Opinion
Clements v. Internal Revenue Service
Court of Appeals for the Ninth Circuit
Decided August 17, 1973No. 71-1451PublishedCited by 1 opinion
1Opinion of the Court
OPINION
HUFSTEDLER, Circuit Judge:
The only issue on appeal is whether the district court, 320 F.Supp. 322, correctly held that the bankruptcy court could not exercise summary jurisdiction to adjudicate the conflicting claims of the Government and the trustee to a fund derived from the debtor’s accounts *976receivable. We hold that the debtor constructively possessed the fund when it filed its bankruptcy petition and thus that the bankruptcy court had summary jurisdiction.
United General Wood Products Corporation, the debtor, factored its accounts with Trans-West Factors (“Trans-West”). In June…
2Cases cited9 opinions
- Thompson v. Magnolia Petroleum Co.Supreme Court of the United States · 1940
- Taubel-Scott-Kitzmiller Co. v. FoxSupreme Court of the United States · 1924
- United States v. Edward I. Eiland, Trustee in Bankruptcy of Sport Coal Company, Inc., a Corporation, BankruptCourt of Appeals for the Fourth Circuit · 1955
- United States v. RandallSupreme Court of the United States · 1971
- J. Morton Rosenblum, Trustee v. United States of AmericaCourt of Appeals for the First Circuit · 1962
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3Cited by1 opinion
- In The Matter Of United General Wood Products CorporationCourt of Appeals for the Ninth Circuit · 1973