Legal Opinion

In Re Al Copeland Enterprises, Inc.

United States Bankruptcy Court, W.D. Texas

Decided October 11, 1991No. 19-60137PublishedCited by 15 opinions

1Opinion of the Court

MEMORANDUM OPINION

FRANK R. MONROE, Bankruptcy Judge.

On August 9, 1991, the Court held a hearing on the State of Texas’ Amended Motion for Adequate Protection of Interest in Trust Funds. In its Motion, the State requested that sales taxes collected pre-petition by the Debtor be determined trust funds and be entitled to statutory interest provided by state law until paid. The Debt- or admitted its liability for the principal amount of the taxes owed but resisted any payment of interest and opposed the tax claims’ characterization as a trust fund claim.

This Court has jurisdiction of this…

2Cases cited21 opinions

  1. Begier v. Internal Revenue ServiceSupreme Court of the United States · 1990
  2. Slodov v. United StatesSupreme Court of the United States · 1978
  3. Cunningham v. BrownSupreme Court of the United States · 1924
  4. Bruning v. United StatesSupreme Court of the United States · 1964
  5. City of New York v. SaperSupreme Court of the United States · 1949

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3Cited by15 opinions

  1. Davis v. State, Texas Court of Appeals, 3rd District (Austin)1995
  2. In the Matter of Al Copeland Enterprises, Inc., Debtors. Al Copeland Enterprises, Inc. v. State of TexasCourt of Appeals for the Fifth Circuit · 1993
  3. Jenkins v. United StatesUnited States Court of Federal Claims · 2011
  4. Texas Comptroller of Public Accounts v. Amber's Stores, Inc. (In Re Amber's Stores, Inc.)United States Bankruptcy Court, N.D. Texas · 1997
  5. United States v. McConnell (In Re Flying Boat, Inc.)District Court, N.D. Texas · 2001

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