Legal Opinion
United States v. Specialty Cartage, Inc.
District Court, N.D. Indiana
Decided April 11, 1990No. Bankruptcy No. 88-10521-REG, Civ. No. F 89-208PublishedCited by 3 opinions
1Opinion of the Court
ORDER
WILLIAM C. LEE, District Judge.
This matter is before the court on appeal from the bankruptcy court’s order of August 18, 1989, in which the bankruptcy court apportioned the undersecured amount of an IRS (appellant herein) claim against debtor, Specialty Cartage (appellee herein). Only one issue is presented on appeal to this court and that is whether the bankruptcy court has the legal power to choose which portion of an undersecured IRS lien claim will be relegated to unsecured status. The parties have fully briefed that issue and this court heard oral argument on March 28, 1990. The IRS…
2Cases cited5 opinions
- Simonson v. GranquistSupreme Court of the United States · 1962
- Fredric C. Muntwyler v. United StatesCourt of Appeals for the Seventh Circuit · 1983
- In Re Energy Resources Co., Inc., Debtor. Internal Revenue Service v. Energy Resources Co., Inc., in Re Newport Offshore, Ltd., Debtor. United States of America v. Newport Offshore, Ltd.Court of Appeals for the First Circuit · 1989
- Sumner Darman, Trustee, Sentron, Inc. v. Metropolitan Alarm Corp.Court of Appeals for the First Circuit · 1976
- In Re Seneca Balance, Inc.United States Bankruptcy Court, W.D. New York · 1990
3Cited by3 opinions
- In Re Marfin Ready Mix Corp.United States Bankruptcy Court, E.D. New York · 1998
- In Re BurgessUnited States Bankruptcy Court, E.D. Texas · 1994
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