Legal Opinion
Winfrey Structural Concrete Co. v. Internal Revenue Service
United States Bankruptcy Court, D. Colorado
Decided July 31, 1980No. 14-26704PublishedCited by 19 opinions
1Opinion of the Court
MEMORANDUM OPINION AND ORDER
JOHN P. MOORE, Bankruptcy Judge.
THE MATTER before the Court is the Chapter 11 debtor’s (Plaintiff’s) Complaint to Compel Turnover of Property. The operative facts have been admitted, and the legal questions submitted to the Court on briefs.
On May 14 and 15, 1980, the Defendant (I.R.S.) seized certain “equipment 1 and vehicles” from the Plaintiff to satisfy tax liabilities. Subsequently, on June 3, 1980, the Plaintiff filed a petition for relief under Chapter 11 of the Bankruptcy Code, 11 U.S.C. § 1101 et seq. (Code). The issue thus presented is whether this Court…
2Cases cited5 opinions
- Phelps v. United StatesSupreme Court of the United States · 1975
- United States v. Homer Pittman, Helen Jakob, and L. C. ChristensenCourt of Appeals for the Seventh Circuit · 1971
- Troy Industrial Catering Service v. State, Department of Treasury, Revenue Division (In Re Troy Industrial Catering Service)United States Bankruptcy Court, E.D. Michigan · 1980
- Matter of Aurora Cord and Cable Co., Inc.United States Bankruptcy Court, N.D. Illinois · 1980
- In Re Bush Gardens, Inc. v. United StatesUnited States Bankruptcy Court, D. New Jersey · 1979
3Cited by19 opinions
- United States v. Whiting Pools, Inc.Court of Appeals for the Second Circuit · 1982
- First National Bank of Louisville v. Hurricane Elkhorn Coal Corp. II (In Re Hurricane Elkhorn Coal Corp. II)United States Bankruptcy Court, W.D. Kentucky · 1982
- Alpa Corp. v. Internal Revenue Service (In Re Alpa Corp.)United States Bankruptcy Court, D. Utah · 1981
- Bristol Convalescent Home, Inc. v. Internal Revenue Service (In Re Bristol Convalescent Home, Inc.)United States Bankruptcy Court, D. Connecticut · 1981
- In Re Avery Health Center, Inc.District Court, W.D. New York · 1981
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