WALSH, TRUSTEE IN BANKRUPTCY

v.

LOCKHART ASSOCIATES

Citator

Cited By

• Klopfer v. North Carolina, 386 U.S. 213 (U.S. 1967)
  …ought before the court or where he has consented to the removal. See, e. g., People v. Fewkes, 214 Cal. 142, 4 P. 2d 538 (1931); State v. Dix, 18 Ind. App. 472, 48 N. E. 261 (1897); Lifshutz v. State, 236 Md. 428, 204 A. 2d 541 (1964), cert. denied, 380 U. S. 953; Commonwealth v. Dowdican’s Bail, 115 Mass. 133 (1874) (indictment may be filed away only after verdict and then only with the consent of the accused); Gordon v. State, 127 Miss. 396, 90 So. 95 (1921) (consent of defendant necessary); Rush v. State,…
• In re Resyn Corp. v. United States, 851 F.2d 660 (3d Cir. 1988)
  …that a taxpayer in a bankruptcy receivership situation has the right to an adjudication of tax claim in the bankruptcy or receivership court and stating that such review is not under circumstances less favorable than in the tax court), cert. denied, 380 U.S. 953, 85 S.Ct. 1085, 13 L.Ed.2d 970 (1965).4 I believe that the provision in former § ¡5871 for immediate assessment “despite the restrictions imposed by section 6213(a) upon assessments” was designed to protect the government’s interest in property of…
• Elzie C. Clark v. Ellis Campbell, Jr., 501 F.2d 108 (5th Cir. 1974)
  …the due process clause of the Fifth Amendment might arise if all taxpayers except those subjected to bankruptcy proceedings were permitted to litigate liability prior to payment. Jamy Corp. v. Riddell, 9 Cir., 1964, 337 F. 2d 11, cert. denied, 1965, 380 U.S. 953, 85 S.Ct. 1085, 13 L.Ed.2d 970; John V. Prather, 1968, 50 T.C. 445; Pearl A. Orenduff, 1968, 49 T.C. 329. In reliance on these cases Judge Kaufman observed in Schreek that: In essence, the Government asks this Court to hold that Congress has consti…