Legal Opinion
In Re Mitchell
United States Bankruptcy Court, W.D. Virginia
Decided March 29, 1990No. 19-50015PublishedCited by 4 opinions
1Opinion of the Court
MEMORANDUM OPINION
WILLIAM E. ANDERSON, Bankruptcy Judge.
The issues presented to the court are: (1) whether to allow the filing of an amended proof of claim; and (2) whether the Chapter 13 trustee can recover the amount overpaid to a creditor and subsequently refunded to the debtors from either the creditor or the debtors.
The court will allow the filing of the amended proof of claim and will allow the trustee to recover the amount refunded to the debtors from them.
FACTS
On September 22, 1988, Scott Mitchell and Jean Mitchell (“debtors”) filed a joint voluntary petition under Chapter 13 of the…
2Cases cited5 opinions
- United States Internal Revenue Service v. Vlavianos (In Re Vlavianos)United States Bankruptcy Court, W.D. Virginia · 1986
- In Re BeasleyUnited States Bankruptcy Court, S.D. New York · 1983
- Newcomb v. United States (Newcomb)United States Bankruptcy Court, W.D. Virginia · 1986
- Matter of GonzalezUnited States Bankruptcy Court, N.D. Georgia · 1984
- Tri Continental Leasing Corp. v. Gray (In Re Gray)United States Bankruptcy Court, S.D. New York · 1983
3Cited by4 opinions
- EconoLube N' Tune, Inc. v. Frausto (In Re Frausto)United States Bankruptcy Court, N.D. Alabama · 2000
- In re DeveyUnited States Bankruptcy Court, D. South Carolina · 2018
- In re Virginia Broadband, LLCUnited States Bankruptcy Court, W.D. Virginia · 2014
- In Re WorkmanUnited States Bankruptcy Court, D. South Carolina · 2007