In re Babiarz
District Court, D. New York
1Opinion of the Court
MEMORANDUM AND DECISION
EDWARD D. HAYES, Bankruptcy Judge.
A Motion was brought by the debtor to have IRS turn over certain wages which the debtor contends were improperly levied upon after the petition in this case was filed. The debtor claims that this is in violation of § 362 of the Bankruptcy Code and the stay thereunder.
There is no dispute as to the facts. On April 29,1980, IRS served a notice of wage levy on Rochester Products. On May 9, 1980, Rochester Products sent IRS $242.96, representing the larger portion of wages for personal services performed by the debtor during the pay period…
2Cases cited7 opinions
- Phelps v. United StatesSupreme Court of the United States · 1975
- Troy Industrial Catering Service v. State, Department of Treasury, Revenue Division (In Re Troy Industrial Catering Service)United States Bankruptcy Court, E.D. Michigan · 1980
- Matter of Aurora Cord and Cable Co., Inc.United States Bankruptcy Court, N.D. Illinois · 1980
- In Re Bush Gardens, Inc. v. United StatesUnited States Bankruptcy Court, D. New Jersey · 1979
- Matter of Community Hospital of Rockland Cty.United States Bankruptcy Court, S.D. New York · 1979
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3Cited by2 opinions
- Matter of Community Hosp. of Rockland CountyUnited States Bankruptcy Court, S.D. New York · 1981
- Hooper v. United States (In re Hooper)District Court, D. Colorado · 1993