Legal Opinion
Official Committee of Unsecured Creditors of Forman Enterprises, Inc. v. Forman (In Re Forman Enterprises, Inc.)
United States Bankruptcy Court, W.D. Pennsylvania
Decided August 2, 2002No. 14-22733PublishedCited by 20 opinions
1Opinion of the Court
MEMORANDUM OPINION
BERNARD MARKOVITZ, Bankruptcy Judge.
The chapter 7 trustee seeks in this adversary action to recover tax refunds defendants as shareholders of an S corporation have received (or expect to receive) as a result of their carrying back a net operating loss (hereinafter “NOL”) suffered by the S corporation to income taxes paid in previous years. Recovery is based on theories of unjust enrichment, breach of fiduciary duty and impermissible post-petition transfer. The trustee also seeks imposition of a constructive trust.
Defendants steadfastly deny that the chapter 7 trustee is…
2Cases cited23 opinions
- Cipollone v. Liggett Group, Inc.Supreme Court of the United States · 1992
- United States v. Whiting Pools, Inc.Supreme Court of the United States · 1983
- Begier v. Internal Revenue ServiceSupreme Court of the United States · 1990
- In Re Bullion Reserve of North America, a California Corporation, Curtis B. Danning, Chapter 7 Trustee v. Theodore P. BozekCourt of Appeals for the Ninth Circuit · 1988
- Donaldson v. BernsteinCourt of Appeals for the Third Circuit · 1997
18 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Burtch v. Seaport Capital, LLC (In re Direct Response Media, Inc.)United States Bankruptcy Court, D. Delaware · 2012
- Majestic Star Casino, LLC v. Barden Development, Inc.Court of Appeals for the Third Circuit · 2013
- Official Committee of Unsecured Creditors of Norstan Apparel Shops, Inc. v. Lattman (In Re Norstan Apparel Shops, Inc.)United States Bankruptcy Court, E.D. New York · 2007
- In Re Total Containment, Inc.United States Bankruptcy Court, E.D. Pennsylvania · 2005
- Stanziale v. CopperCom, Inc. (In re Conex Holdings, LLC)United States Bankruptcy Court, D. Delaware · 2014
15 more not listed; retrieve them via the Exa API.