Legal Opinion
Remke, Inc. v. United States (In Re Remke, Inc.)
United States Bankruptcy Court, E.D. Michigan
Decided July 22, 1980No. 19-30194PublishedCited by 21 opinions
1Opinion of the Court
OPINION
GEORGE BRODY, Bankruptcy Judge.
On May 1, 1980, Remke, Inc. filed a petition for reorganization under chapter 11 of the Bankruptcy Code. Thereafter, the debtor instituted this action pursuant to section 547 of the Bankruptcy Code to recover an alleged preferential transfer of $145,267.53 from the Internal Revenue Service. The government moved to dismiss, contending that the doctrine of sovereign immunity insulated it from suit. The resolution of this conflict depends upon the construction to be given to section 106 of the Bankruptcy Code.
The Senate and the House prepared their own…
2Cases cited4 opinions
- In the Matter of John West Gwilliam, Bankrupt. John West Gwilliam v. United StatesCourt of Appeals for the Ninth Circuit · 1975
- In the Matter of Jean Barclay Dolard, Bankrupt. William A. McGugin Trustee v. District Director of Internal RevenueCourt of Appeals for the Ninth Circuit · 1975
- Matter of Community Hospital of Rockland Cty.United States Bankruptcy Court, S.D. New York · 1979
- Community Hospital of Rockland County v. United States (In Re Community Hospital of Rockland County)District Court, S.D. New York · 1980
3Cited by21 opinions
- In the Matter of Randall B. Neavear, Debtor. Randall B. Neavear v. Richard S. Schweiker, Secretary of Health and Human ServicesCourt of Appeals for the Seventh Circuit · 1982
- In Re Yonkers Hamilton Sanitarium Inc.United States Bankruptcy Court, S.D. New York · 1982
- In Re EisenbergUnited States Bankruptcy Court, E.D. New York · 1980
- Inslaw, Inc. v. United States (In Re Inslaw, Inc.)District Court, District of Columbia · 1987
- Matter of Community Hosp. of Rockland CountyUnited States Bankruptcy Court, S.D. New York · 1981
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