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Legal Opinion

McCarthy v. McCarthy (In Re McCarthy)

United States Bankruptcy Court, N.D. Illinois

Decided January 26, 1995No. 19-02345PublishedCited by 8 opinions

1Opinion of the Court

MEMORANDUM, OPINION AND ORDER

ROBERT E. GINSBERG, Bankruptcy Judge.

This matter comes before the Court on Denis McCarthy’s motion for summary judgment 1 in his adversary proceeding to determine the dischargeability of an alleged debt owed to him by the Debtor, Grayce McCarthy. Denis McCarthy’s complaint is somewhat peculiar. He first argues that as a result of a divorce decree, he is the sole equitable owner of the funds in a bank account in the Debtor’s name. Thus, as he sees it, these funds are not “property of the estate” under 11 U.S.C. § 541(a)(1), 2 and the obligation to turn over those…

2Cases cited28 opinions

  1. Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
  2. Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
  3. Matsushita Electric Industrial Co., Ltd. v. Zenith Radio CorporationSupreme Court of the United States · 1986
  4. Grogan v. GarnerSupreme Court of the United States · 1991
  5. Brown v. FelsenSupreme Court of the United States · 1979

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

3Cited by8 opinions

  1. Rezin v. Barr (In Re Barr)United States Bankruptcy Court, N.D. Illinois · 1996
  2. Haeske v. Arlington (In Re Arlington)United States Bankruptcy Court, N.D. Illinois · 1996
  3. Wright v. Wright (In Re Wright)United States Bankruptcy Court, N.D. Illinois · 1995
  4. Brown v. Pitzer (In Re Brown)District Court, S.D. Indiana · 2000
  5. Carmelo v. Mickletz (In re Mickletz)United States Bankruptcy Court, E.D. Pennsylvania · 2016

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

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