Legal Opinion

In re Ramirez

United States Bankruptcy Court, S.D. Texas

Decided August 16, 2017No. CASE NO: 15-50164, CASE NO: 16-50238 Jointly Administered OrderPublished

1Opinion of the Court

MEMORANDUM OPINION OVERRULING, IN PART, AND SUSTAINING, IN PART, THE INTERNAL REVENUE SERVICE’S . OBJECTION TO DEBTORS’ PLAN AND DECLARING THAT PROBATE ESTATE ASSETS ARE PROPERTY OF THE BANKRUPTCY ESTATE

Resolving ECF No. 136

Eduardo Y. Rodriguez, United States Bankruptcy Judge

I. INTRODUCTION

The Court faces a unique issue of first impression in the instant case where it must determine the extent to which Debtors’ interests in a probate estate should be considered as property of the bankruptcy estate. ECF No. 136 (objecting to Debtor’s plan because, inter alia, it relies on assets of the probate…

2Cases cited13 opinions

  1. Stern v. MarshallSupreme Court of the United States · 2011
  2. Wellness Int'l Network, Ltd. v. SharifSupreme Court of the United States · 2015
  3. Southmark Corp. v. Coopers & LybrandCourt of Appeals for the Fifth Circuit · 1999
  4. Bramwell v. United States Fidelity & Guaranty Co.Supreme Court of the United States · 1925
  5. Bailey v. Cherokee County Appraisal DistrictTexas Supreme Court · 1993

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