Legal Opinion
Harker v. Troutman (In Re Troutman Enterprises, Inc.)
United States Bankruptcy Court, S.D. Ohio
Decided January 24, 2000No. Bankruptcy No. 92-01988. Adversary No. 99-3099PublishedCited by 3 opinions
1Opinion of the Court
DECISION ON ORDER GRANTING IN PART AND DENYING IN PART TRUSTEE’S COMPLAINT FOR TURNOVER AND AUTHORIZING DISTRIBUTION OF FUNDS
THOMAS F. WALDRON, Bankruptcy Judge.
The issues presented for determination in this case highlight the Congressionally-designed default effect of confirmation in connection with property of the estate in a Chapter 11 case and a deviation from that effect caused by a disingenuous debtor. The relevant pleadings include the Chapter 7 Trustee’s Complaint for Turnover of Property (Doc. 1-1) and the Third-Party Defendants’ Motion to Dismiss Complaint Pursuant to Fed.R.Civ.P.…
2Cases cited23 opinions
- Field v. MansSupreme Court of the United States · 1995
- Browning Manufacturing v. Mims (In Re Coastal Plains, Inc.)Court of Appeals for the Fifth Circuit · 1999
- Bankr. L. Rep. P 71,787 in Re John E. Tully, Debtor. Henry J. Boroff, Trustee in Bankruptcy of John E. Tully v. John E. TullyCourt of Appeals for the First Circuit · 1987
- Lynch v. Johns-Manville Sales Corp.Court of Appeals for the Sixth Circuit · 1983
- In re PenrodCourt of Appeals for the Seventh Circuit · 1995
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3Cited by3 opinions
- In Re Troutman Enterprises, Inc., Debtor. Donald F. Harker Iii, Trustee v. Rufus Troutman, Terry Troutman, and Lester TroutmanCourt of Appeals for the Sixth Circuit · 2002
- Pioneer Liquidating Corp. v. United States Trustee (In Re Consolidated Pioneer Mortgage Entities)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2000
- Pioneer Liquidating Corp. v. United States Trustee (In Re Consolidated Pioneer Mortgage Entities)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2000