In Re Fleming
United States Bankruptcy Court, W.D. Michigan
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
- Pepper v. LittonSupreme Court of the United States · 1939
- Kontrick v. RyanSupreme Court of the United States · 2004
- Dewsnup v. TimmSupreme Court of the United States · 1992
- Hartford Underwriters Insurance v. Union Planters Bank, N. A.Supreme Court of the United States · 2000
- Norwest Bank Worthington v. AhlersSupreme Court of the United States · 1988
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