Legal Opinion

In Re Miller

United States Bankruptcy Court, N.D. Georgia

Decided March 30, 1989No. 16-10575PublishedCited by 12 opinions

1Opinion of the Court

ORDER

MARGARET H. MURPHY, Bankruptcy Judge.

This matter is before the court on the Debtors’ motion, filed May 26, 1988, for an order directing the Trustee to disburse exempt funds. The United States filed an objection to the motion for disbursement. The government’s objection to the disbursement is based upon a Notice of Levy delivered to the Trustee February 1, 1988.

Debtors contend the Bankruptcy Court has no authority over the exempt funds and must therefore turn the funds over to them. The United States contends it has a valid lien on the funds as proceeds from a sale of real property upon…

2Cases cited5 opinions

  1. United States v. HeffronCourt of Appeals for the Ninth Circuit · 1947
  2. In Re HebertUnited States Bankruptcy Court, W.D. Louisiana · 1986
  3. Dunne Trucking Co. v. Internal Revenue Service of the United States (In Re Dunne Trucking Co.)United States Bankruptcy Court, N.D. Iowa · 1983
  4. In Re Santa Rosa Truck Stop, Inc.United States Bankruptcy Court, N.D. Florida · 1987
  5. In Re McCulloughUnited States Bankruptcy Court, E.D. Pennsylvania · 1986

3Cited by12 opinions

  1. Leeper v. Pennsylvania Higher Education Assistance AgencyCourt of Appeals for the Third Circuit · 1995
  2. The Disciplinary Board of the Supreme Court of Pennsylvania v. Allen L. FeingoldCourt of Appeals for the Eleventh Circuit · 2013
  3. Rogers v. Overstreet (In Re Rogers)United States Bankruptcy Court, N.D. Georgia · 1994
  4. Matter of UngarUnited States Bankruptcy Court, N.D. Georgia · 1989
  5. Hannon v. City of NewtonCourt of Appeals for the First Circuit · 2014

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