Legal Opinion
In the Matter of Franklin Michael Gehrig, Bankrupt. Franklin Michael Gehrig v. Kenneth E. Shreves, Trustee
Court of Appeals for the Eighth Circuit
Decided February 6, 1974No. 73-1352PublishedCited by 10 opinions
1Opinion of the Court
BRIGHT, Circuit Judge.
This case raises important issues in the administration of the estates of bankrupt wage earners: whether post-bankruptcy income tax refunds derived from prebankruptcy wages can be claimed by the bankrupt’s trustee as “property” within the scope of § 70 (a)(5) of the Bankruptcy Act;1 and *669whether the tax refund is subject to the restrictions on wage garnishments of the Consumer Credit Protection Act of 1968.2
The district court adopted the opinion of the bankruptcy referee and held that the refund from overpayment of income tax by Franklin Michael Gehrig belonged to the…
2Cases cited15 opinions
- Sniadach v. Family Finance Corp. of Bay ViewSupreme Court of the United States · 1969
- Local Loan Co. v. HuntSupreme Court of the United States · 1934
- Segal v. RochelleSupreme Court of the United States · 1966
- Williams v. United States Fidelity & Guaranty Co.Supreme Court of the United States · 1915
- Lines v. FrederickSupreme Court of the United States · 1970
10 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- In Re Ryd WALLERSTEDT and Colleen Wallerstedt, Debtors. Ryd WALLERSTEDT and Colleen Wallerstedt, Appellees, v. David A. SOSNE, Trustee, AppellantCourt of Appeals for the Eighth Circuit · 1991
- In Re BarnesUnited States Bankruptcy Court, N.D. Texas · 1981
- Short v. Internal Revenue Service (In Re Bathrick)United States Bankruptcy Court, S.D. Texas · 1979
- Bekofske v. Thomas (In Re Thomas)United States Bankruptcy Court, E.D. Michigan · 1981
- United States v. LawsDistrict Court, E.D. Virginia · 2004
5 more not listed; retrieve them via the Exa API.