Legal Opinion
United States v. Whiting Pools, Inc.
Court of Appeals for the Second Circuit
Decided March 9, 1982No. 441, Docket 81-5046PublishedCited by 66 opinions
1Opinion of the Court
FRIENDLY, Circuit Judge:
The question on this appeal is whether a debtor in possession under Chapter 11 of the Bankruptcy Code of 1978 is entitled to an order, under §§ 542 or 543 of the Code, requiring the Internal Revenue Service (IRS) to turn over tangible assets of the debtor on which the IRS had levied pursuant to § 6331 et seq. of the Internal Revenue Code (IRC). This question has created much conflict among bankruptcy judges and district courts throughout the nation. 1 The only other court of appeals that has considered the issue has answered it in the negative, Cross Electric, Inc. v.…
2Cases cited41 opinions
- Bull v. United StatesSupreme Court of the United States · 1935
- Continental Illinois National Bank & Trust Co. v. Chicago, Rock Island & Pacific Ry. Co.Supreme Court of the United States · 1935
- Taubel-Scott-Kitzmiller Co. v. FoxSupreme Court of the United States · 1924
- Phelps v. United StatesSupreme Court of the United States · 1975
- Duparquet Huot & Moneuse Co. v. EvansSupreme Court of the United States · 1936
36 more not listed; retrieve them via the Exa API.
3Cited by66 opinions
- United States v. Whiting Pools, Inc.Supreme Court of the United States · 1983
- Braunstein v. McCabeCourt of Appeals for the First Circuit · 2009
- UNITED STATES v. WADE THOMAS, —Court of Appeals for the Second Circuit · 2004
- Schwartz v. Kursman (In Re Harry Levin, Inc.)United States Bankruptcy Court, E.D. Pennsylvania · 1994
- West Virginia, Department of Finance & Administration v. Hassett (In Re O.P.M. Leasing Services, Inc.)United States Bankruptcy Court, S.D. New York · 1982
61 more not listed; retrieve them via the Exa API.