Legal Opinion

Burciaga v. Moglia (In re Burciaga)

United States Bankruptcy Court, N.D. Illinois

Decided March 22, 2019No. Bankruptcy Case No. 18-13481; Adversary Case No. 18-00212PublishedCited by 3 opinions

1Opinion of the Court

Janet S. Baer, United States Bankruptcy Judge

George Burciaga (the "Debtor") filed a two-count adversary complaint in his bankruptcy case against Alex D. Moglia (the "Trustee"), as chapter 7 trustee for the bankruptcy estate, seeking a determination that certain severance pay (the "Severance Pay") is not property of the estate under 11 U.S.C. § 541(a)(1) but, rather, constitutes excluded post-petition earnings under 11 U.S.C. § 541(a)(6).1 The matter is now before the Court on the parties' cross-motions for judgment on the pleadings. For the reasons set forth below, both motions will be…

2Cases cited13 opinions

  1. United States v. Whiting Pools, Inc.Supreme Court of the United States · 1983
  2. Law v. SiegelSupreme Court of the United States · 2014
  3. Northern Indiana Gun & Outdoor Shows, Inc. v. City of South Bend, Stephen Leucke, Brian R. Hedman, and Karl KingCourt of Appeals for the Seventh Circuit · 1998
  4. Segal v. RochelleSupreme Court of the United States · 1966
  5. In the Matter of Daniel J. YONIKUS and Carolyn S. Yonikus, Debtors. Appeal of Daniel J. YONIKUSCourt of Appeals for the Seventh Circuit · 1993

8 more not listed; retrieve them via the Exa API.

3Cited by3 opinions

  1. Tuttle v. Educ. Credit Mgmt. Corp. (In re Tuttle)United States Bankruptcy Court, E.D. Wisconsin · 2019
  2. George Burciaga v. Alex MogliaCourt of Appeals for the Seventh Circuit · 2019
  3. George Burciaga v. Alex MogliaCourt of Appeals for the Seventh Circuit · 2019

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