Legal Opinion

Booth v. Vaughan (In Re Booth)

Bankruptcy Appellate Panel of the Sixth Circuit

Decided March 16, 2001No. 00-8053PublishedCited by 49 opinions

1Opinion of the Court

OPINION

STEVEN W. RHODES, Chief . Bankruptcy Appellate Panel Judge.

The bankruptcy court granted the Trustee’s motion for turnover of a pro rata portion of a postpetition profit sharing payment that the Debtor received from his employer. On appeal, the Debtor argues that because he filed his bankruptcy petition before his employer calculated its profits at the end of the year, he had no legal or equitable interest in the profit sharing when he filed and therefore no part of the payment is property of the estate.

The Panel concludes that when the Debtor filed bankruptcy, his interest in his…

2Cases cited68 opinions

  1. United States v. Ron Pair Enterprises, Inc.Supreme Court of the United States · 1989
  2. Butner v. United StatesSupreme Court of the United States · 1979
  3. Midland Asphalt Corp. v. United StatesSupreme Court of the United States · 1989
  4. Segal v. RochelleSupreme Court of the United States · 1966
  5. Landreth Timber Co. v. LandrethSupreme Court of the United States · 1985

63 more not listed; retrieve them via the Exa API.

3Cited by49 opinions

  1. Lyon v. Eiseman (In Re Forbes)Bankruptcy Appellate Panel of the Sixth Circuit · 2007
  2. Parks v. DittmarCourt of Appeals for the Tenth Circuit · 2010
  3. Rhiel v. Adams (In Re Adams)Bankruptcy Appellate Panel of the Sixth Circuit · 2003
  4. Longaker v. Boston Scientific Corp.District Court, D. Minnesota · 2012
  5. In Re BarnesUnited States Bankruptcy Court, E.D. Michigan · 2001

44 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API