Legal Opinion
In Re Schwinn
United States Bankruptcy Court, D. Kansas
Decided January 14, 2009No. 08-10528PublishedCited by 3 opinions
1Opinion of the Court
MEMORANDUM OPINION AND ORDER GRANTING MOTION FOR TURNOVER OF ECONOMIC STIMULUS PAYMENT
DALE L. SOMERS, Bankruptcy Judge.
The matter under advisement is the Trustee’s motion for turnover of the 2008 economic stimulus payment received by the Debtors postpetition. Debtors William and Cherish Schwinn (hereafter Debtors) appear by William J. Fields. The Trustee, Edward J. Nazar (hereafter Trustee), appears by Aaron Johnstun. There are no other appearances. The Court has jurisdiction. 1
The issue presented is whether, as contended by the Trustee, the entire payment made pursuant to the Economic…
2Cases cited14 opinions
- Butner v. United StatesSupreme Court of the United States · 1979
- Patterson v. ShumateSupreme Court of the United States · 1992
- Segal v. RochelleSupreme Court of the United States · 1966
- Sorenson v. Secretary of the TreasurySupreme Court of the United States · 1986
- Williamson v. JonesCourt of Appeals for the Tenth Circuit · 2000
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3Cited by3 opinions
- In Re LeeUnited States Bankruptcy Court, D. Kansas · 2009
- In re AscuntarUnited States Bankruptcy Court, S.D. Florida. · 2013
- Sarmiento v. United StatesDistrict Court, E.D. New York · 2011