Legal Opinion

In Re M.W. Sewall & Co.

United States Bankruptcy Court, D. Maine

Decided July 16, 2010No. 09-20400Published

1Opinion of the Court

Memorandum of Decision

JAMES B. HAINES, JR., Bankruptcy Judge.

M.W. Sewall & Co. (“Sewall”) filed a voluntary petition for relief under Chapter 11 of the Bankruptcy Code 1 on March 27, 2009. Shortly thereafter, the State of Maine Bureau of Alcoholic Beverages and Lottery Operations (the “Bureau”) moved for relief from stay, seeking an order requiring Sewall to remit to it all receipts of lottery tickets delivered to Sewall prepetition, whether sold by Sewall pre- or post-petition.

The Bureau asserts that Sewall’s estate has no right to the lottery ticket sale receipts because Sewall holds them…

2Cases cited14 opinions

  1. United States v. Whiting Pools, Inc.Supreme Court of the United States · 1983
  2. Paul J. Grella, Trustee v. Salem Five Cent Savings BankCourt of Appeals for the First Circuit · 1994
  3. In the Matter of Nancy S. Marchiando, Debtor-Appellee. Appeal of State of Illinois, Department of the LotteryCourt of Appeals for the Seventh Circuit · 1994
  4. Buchanan v. AlexanderSupreme Court of the United States · 1845
  5. Bankr. L. Rep. P 77,765, 12 tex.bankr.ct.rep. 467 in the Matter Of: Khai Lee Tran Theresa Tranh Tran, Debtors, Texas Lottery Commission v. Theresa Tranh TranCourt of Appeals for the Fifth Circuit · 1998

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