Legal Opinion

Rose v. Commercial National Bank (In Re Rose)

United States Bankruptcy Court, E.D. Texas

Decided December 28, 1989No. 19-40555PublishedCited by 15 opinions

1Opinion of the Court

OPINION

DONALD R. SHARP, Bankruptcy Judge.

This matter comes before the Court on an adversary Complaint filed by Debtors requesting the Court to enjoin Commercial National Bank from releasing certain funds to the Internal Revenue Service; to compel Commercial National Bank to turn over the funds to Debtor-in-Possession and to award damages to Debtor-in-Possession from Internal Revenue Service for alleged violations of the automatic stay. Both Commercial National Bank and Internal Revenue Service have answered the Complaint, denying the Debtor is entitled to the relief sought, and in the case of…

2Cases cited12 opinions

  1. United States v. Whiting Pools, Inc.Supreme Court of the United States · 1983
  2. United States v. National Bank of CommerceSupreme Court of the United States · 1985
  3. Phelps v. United StatesSupreme Court of the United States · 1975
  4. United States v. Edward I. Eiland, Trustee in Bankruptcy of Sport Coal Company, Inc., a Corporation, BankruptCourt of Appeals for the Fourth Circuit · 1955
  5. Cross Electric Company, Inc. v. United States of America, in Re Cross Electric Company, Inc., DebtorCourt of Appeals for the Fourth Circuit · 1981

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3Cited by15 opinions

  1. Gouveia v. Internal Revenue Service of the United States (In Re Quality Health Care)United States Bankruptcy Court, N.D. Indiana · 1997
  2. Metro Press, Inc. v. United States (In Re Metro Press, Inc.)United States Bankruptcy Court, D. Massachusetts · 1992
  3. Silverman v. Johnson Controls, Inc. (In Re Sigmund London, Inc.)United States Bankruptcy Court, E.D. New York · 1992
  4. McLaughlin v. Internal Revenue ServiceDistrict Court, N.D. Ohio · 1991
  5. In Re EisenbargerUnited States Bankruptcy Court, E.D. Virginia · 1993

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