Legal Opinion

In Re Harvard Industries, Inc.

United States Bankruptcy Court, D. New Jersey

Decided October 20, 2006No. 19-12026Published

1Opinion of the Court

OPINION

KATHRYN C. FERGUSON, Bankruptcy Judge.

Procedural History

The Debtors Harvard Industries, et al. (“Harvard”) filed a motion styled “Notice of Motion Requesting a Determination as to Harvard’s Right to a Tax Refund Pursuant to 11 U.S.C. § 505” (“Tax Refund Motion”) on June 24, 2003. In September of that year, the Debtors amended the Tax Refund Motion to clarify certain statements made in the original motion. Prior to the resolution of the Tax Refund Motion, Harvard confirmed its Chapter 11 plan. Pursuant to the Plan, certain assets and causes of action were assigned to various trusts that…

2Cases cited12 opinions

  1. Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
  2. Indopco, Inc. v. CommissionerSupreme Court of the United States · 1992
  3. United States v. General Dynamics Corp.Supreme Court of the United States · 1987
  4. Georgia-Pacific Corp. v. CommissionerUnited States Tax Court · 1975
  5. Garvey, Inc. v. United StatesUnited States Court of Claims · 1983

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