Legal Opinion
Kitchen v. Boyd (In Re Newpower)
District Court, W.D. Michigan
Decided January 22, 1999No. 1:98-cv-00418PublishedCited by 9 opinions
1Opinion of the Court
OPINION
HILLMAN, Senior District Judge.
This is an appeal from the bankruptcy court’s partial denial of appellants’ motion for lift of the bankruptcy stay or for abandonment. At issue in this matter is the bankruptcy court’s determination of what property properly should be included in the bankruptcy estate. Upon review, I am persuaded that the bankruptcy court erred in refusing to lift the stay on $582,463 of property traceable to appellants’ assets.
I. BACKGROUND
The facts of this case are not in material dispute. Debtor George Newpower was a licensed Michigan real estate broker. In early 1996,…
2Cases cited38 opinions
- Butner v. United StatesSupreme Court of the United States · 1979
- Davis v. Aetna Acceptance Co.Supreme Court of the United States · 1934
- In Re Omegas Group, Inc., Debtor. Xl/datacomp, Inc., Plaintiff-Appellant/cross-Appellee v. John R. Wilson, Trustee, Defendant-Appellee/cross-AppellantCourt of Appeals for the Sixth Circuit · 1994
- Charles W. Bauer, Jr. And Nellie P. Bauer, Robert H. Waldschmidt, Trustee v. Commerce Union Bank, Clarksville, Tennessee and Kenneth C. BainesCourt of Appeals for the Sixth Circuit · 1988
- Gordon Sel-Way, Inc. v. Spence Bros.Michigan Supreme Court · 1991
33 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Cassirer v. Herskowitz (In Re Schick)United States Bankruptcy Court, S.D. New York · 1999
- Kitchen v. Boyd (In re Newpower)Court of Appeals for the Sixth Circuit · 2000
- Chapman v. Charles Schwab & Co. (In Re Chapman)United States Bankruptcy Court, N.D. Illinois · 2001
- Bruinsma v. Wigger (In re Wigger)United States Bankruptcy Court, W.D. Michigan · 2018
- In Re: George D. Newpower, Jr., Debtor. Robert Kitchen Harriet Kitchen New Properties, Inc., Movants-Appellees/cross-Appellants v. James W. Boyd, Chapter 7 Trustee, Respondent-Appellant/cross-AppelleeCourt of Appeals for the Sixth Circuit · 2000
4 more not listed; retrieve them via the Exa API.