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Weinman v. Graves (In re Graves)

Jun
29
2010
Ruling
Only portion of tax refund attributed to prepetition earnings and reverting to debtors after application to next year's taxes was subject to turnover.
Procedural posture

Pursuant to 11 U.S.C.S. § 542(a), appellant bankruptcy trustee filed a motion for turnover of appellee debtors' tax refund for a particular tax year. A Tenth Circuit Bankruptcy Appellate Panel denied the motion, finding that the debtors' interest in the tax refund, which was irrevocably applied prepetition to the debtors' taxes for the next tax year, was not subject to turnover under § 542(a). The trustee challenged the judgment.

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Court :
Judge or Jurisdiction information not available
Consumer opinion summary, case decided on June 29, 2010 , LexisNexis #0910-052
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Rupp v. United Sec. Bank (In re Kunz)

Jun
05
2007
Ruling
Bank of which debtor was a non-controlling "director emeritus" was not an insider.
Procedural posture

Plaintiff debtor filed a bankruptcy proceeding wherein plaintiff trustee maintained that prepetition transfers from the debtor to defendant bank were preferential under 11 U.S.C. § 547(b) as the bank was both a per se insider under 11 U.S.C. § 101(31)(A) and an extra-statutory insider. Plaintiffs challenged a decision of the Bankruptcy Appellate Panel for the Tenth Circuit, which reversed a grant of partial summary judgment to the trustee.

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Court :
Judge or Jurisdiction information not available
opinion summary, case decided on June 05, 2007 , LexisNexis #0707-019
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