Legal Opinion
In re Locascio
United States Bankruptcy Court, S.D. New York
Decided November 5, 2012No. 10-37574 (cgm)PublishedCited by 8 opinions
1Opinion of the Court
MEMORANDUM DECISION DENYING MOTION TO REOPEN CASE
CECELIA G. MORRIS, Chief Judge.
The chapter 13 trustee moves to reopen a dismissed chapter 13 case. The alleged basis for reopening is a dispute between the trustee and a creditor of the Debtor. The creditor asserts a garnishment over plan payments that the trustee refunded to the Debtor pursuant to section 1326(a)(2)1 upon dismissal of the case. The Court denies the motion to reopen. The trustee followed the clear language of the Bankruptcy Code when he refunded the payments directly to the Debtor.
*287 Jurisdiction
This Court has subject matter…
2Cases cited13 opinions
- Samuel Nemaizer, General Manager of the New York Coat, Suit, Dress, Rainwear and Allied Workers' Union I.L.G.W.U. v. Jack Baker, an IndividualCourt of Appeals for the Second Circuit · 1986
- Cashner v. Freedom Stores, Inc.Court of Appeals for the Tenth Circuit · 1996
- United States v. Alpine Land & Reservoir, Co.Court of Appeals for the Ninth Circuit · 1993
- In Re: Bdc 56 Llc, Debtor. Key Mechanical Inc. v. Bdc 56 Llc, Dwf Inc., Mesta Construction, Inc.Court of Appeals for the Second Circuit · 2003
- In Re Income Property Builders, Inc., Debtor. Armel Laminates, Inc. v. The Lomas & Nettleton CompanyCourt of Appeals for the Ninth Circuit · 1983
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3Cited by8 opinions
- In re HamiltonUnited States Bankruptcy Court, M.D. Tennessee · 2013
- In re JankauskasUnited States Bankruptcy Court, N.D. Georgia · 2018
- George J. Phelan v. Amy Milo, as Administratrix of the Estate of Elizabeth PhelanDistrict Court, S.D. New York · 2026
- In re: Leon GauseUnited States Bankruptcy Court, S.D. New York · 2026
- In re: Mack McKinley Hunt, IIIUnited States Bankruptcy Court, S.D. New York · 2025
3 more not listed; retrieve them via the Exa API.