Legal Opinion

United States v. Germaine (In Re Germaine)

United States Bankruptcy Appellate Panel for the Ninth Circuit

Decided March 31, 1993No. BAP No. WW-91-2177-RJM, Bankruptcy No. 86-01880PublishedCited by 38 opinions

1Opinion of the Court

OPINION

RUSSELL, Bankruptcy Judge:

The United States appeals a bankruptcy court order holding the IRS liable for $2,000 in attorney’s fees incurred by the debtor in defending attempts to collect taxes in violation of a discharge order. We AFFIRM.

I. FACTS

Mary Germaine (“Germaine”) filed a Chapter 13 1 petition. Her plan was confirmed on May 12, 1986. The Internal Revenue Service (“IRS”) filed a claim in that case for $3,588.50 which was paid in full. Germaine’s Chapter 13 case was completed and closed on March 6, 1990. Germaine subsequently received a notice from the IRS dated May 14,1990,…

2Cases cited38 opinions

  1. Pierce v. UnderwoodSupreme Court of the United States · 1988
  2. Northern Pipeline Construction Co. v. Marathon Pipe Line Co.Supreme Court of the United States · 1982
  3. United States v. Nordic Village, Inc.Supreme Court of the United States · 1992
  4. Freytag v. CommissionerSupreme Court of the United States · 1991
  5. Nevada v. HallSupreme Court of the United States · 1979

33 more not listed; retrieve them via the Exa API.

3Cited by38 opinions

  1. Menk v. Lapaglia (In Re Menk)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1999
  2. In Re Cascade Roads, Inc., Debtor. United States of America v. Peter H. Arkison, TrusteeCourt of Appeals for the Ninth Circuit · 1994
  3. Woods v. KenanCourt of Appeals for the Tenth Circuit · 1999
  4. DeVore v. Marshack (In Re DeVore)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1998
  5. In Re Merritt Yochum and Rose Marie Yochum, Debtors. United States of America v. Merritt Yochum and Rose Marie YochumCourt of Appeals for the Ninth Circuit · 1996

33 more not listed; retrieve them via the Exa API.

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