Legal Opinion

In Re Fleming

United States Bankruptcy Court, W.D. Michigan

Decided February 19, 2010No. 19-02092PublishedCited by 5 opinions

1Opinion of the Court

OPINION RE: TRUSTEE’S APRIL 27, 2009 MOTION-TURNOVER

JEFFREY R. HUGHES, Bankruptcy Judge.

Jeff A. Moyer (“Trustee”) has filed a motion under Section 542 of the Bankruptcy Code 1 to recover from Debtors William and Kimberly Fleming tax refunds and other amounts that had become the estate’s property upon the commencement of their Chapter 7 case. Trustee’s motion is denied.

BACKGROUND 2

The Flemings filed their case on September 13, 2005. They also filed on the same day their statement of affairs and accompanying schedules. 3 Schedule B ad dressed the Flemings’ personal property, including estimated…

2Cases cited26 opinions

  1. Pepper v. LittonSupreme Court of the United States · 1939
  2. Kontrick v. RyanSupreme Court of the United States · 2004
  3. Dewsnup v. TimmSupreme Court of the United States · 1992
  4. Hartford Underwriters Insurance v. Union Planters Bank, N. A.Supreme Court of the United States · 2000
  5. Norwest Bank Worthington v. AhlersSupreme Court of the United States · 1988

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3Cited by5 opinions

  1. Bucchino v. Wells Fargo Bank, N.A. (In Re Bucchino)United States Bankruptcy Court, D. New Mexico · 2010
  2. Reid v. Wolf (In re Wolf)United States Bankruptcy Court, N.D. Illinois · 2018
  3. White v. Wachovia Dealer Services, Inc. (In Re Wyatt)District Court, District of Columbia · 2010
  4. In re PilateUnited States Bankruptcy Court, District of Columbia · 2013
  5. In re: Della I. HodgeUnited States Bankruptcy Court, W.D. Michigan · 2014

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