Legal Opinion

In re Gorniak

United States Bankruptcy Court, W.D. Wisconsin

Decided April 8, 2016No. Case No. 13-15827PublishedCited by 1 opinion

1Opinion of the Court

MEMORANDUM DECISION

ROBERT D. MARTIN, UNITED STATES BANKRUPTCY JUDGE

Debtors, Dominic and Barbara Gorniak, filed a Chapter 11 case which they converted to Chapter 7 on June 27, 2014. At the time of the conversion, the debtors maintained a debtors in possession (DIP) account which contained $8,652.43, 100% of which was post-petition earnings of the debtors. The Chapter 7 trustee sought turn-over of the $8,652.43 arguing that pursuant to 11 U.S.C. §§ 541, 1115(a)(2), 348(f), and existing case law within the Seventh Circuit interpreting these provisions, the funds held in the DIP account on the…

2Cases cited5 opinions

  1. Harris v. ViegelahnSupreme Court of the United States · 2015
  2. Kepler v. Independence Bank of Madison (In Re Ford)United States Bankruptcy Court, W.D. Wisconsin · 1986
  3. In Re EvansUnited States Bankruptcy Court, D. Colorado · 2011
  4. In re: Ara Markosian and Anait MarkosianUnited States Bankruptcy Appellate Panel for the Ninth Circuit · 2014
  5. In re MeierUnited States Bankruptcy Court, N.D. Illinois · 2015

3Cited by1 opinion

  1. Mann v. CopelandDistrict Court, D. Arizona · 2019

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