Legal Opinion
Lyle v. Santa Clara County Department of Child Support Services (In Re Lyle)
United States Bankruptcy Court, N.D. California
Decided March 4, 2005No. 19-40251PublishedCited by 15 opinions
1Opinion of the Court
OPINION AND ORDER THEREON
MARILYN MORGAN, Bankruptcy Judge.
Before the court is the debtor’s motion for turnover of his tax refund by the Santa Clara County Department of Child Support Services and sanctions for violation of the automatic stay. Because the funds are not property of the estate, the motion must be denied.
Background
At some time prior to bankruptcy, Sean Lyle became legally obligated to make child support payments to his former wife. When Lyle fell behind in his support payments, his former wife applied for public assistance and, as a condition to receiving aid, she assigned her…
2Cases cited13 opinions
- United States v. Whiting Pools, Inc.Supreme Court of the United States · 1983
- Sorenson v. Secretary of the TreasurySupreme Court of the United States · 1986
- In the Matter Of: Constance Luongo, Debtor. Internal Revenue Service v. Constance LuongoCourt of Appeals for the Fifth Circuit · 2001
- In Re Farmers Markets, Inc., Debtors. State of California, State Board of Equalization, and Employment Development Department v. Farmers Markets, Inc., in Re Dick and Carleen Brink, Debtors. State of California, State Board of Equalization, and Employment Development Department v. Sy v. BrownCourt of Appeals for the Ninth Circuit · 1986
- Pettibone Corporation v. United StatesCourt of Appeals for the Seventh Circuit · 1994
8 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- United States v. Gould (In Re Gould)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2009
- Sexton v. Department of Treasury (In re Sexton)United States Bankruptcy Court, W.D. Virginia · 2014
- In Re PigottUnited States Bankruptcy Court, S.D. Alabama · 2005
- U.S. Department of Agriculture Rural Housing Service v. RileyDistrict Court, W.D. Kentucky · 2012
- Jones v. Internal Revenue Service (In Re Jones)United States Bankruptcy Court, M.D. Georgia · 2006
10 more not listed; retrieve them via the Exa API.