Legal Opinion
United States, Internal Revenue Service v. Farrell (In Re Farrell)
United States Bankruptcy Court, M.D. Pennsylvania
Decided April 12, 1999No. Bankruptcy 5-97-03837PublishedCited by 2 opinions
1Opinion of the Court
OPINION
JOHN J. THOMAS, Bankruptcy Judge.
The Court has again been asked to utilize its powers under § 105(a) (11 U.S.C. § 105) to issue an order regarding a matter not specifically addressed by the Bankruptcy Code on the grounds that such order is “necessary or appropriate to carry out the provisions of this title.” More specifically, the United States has filed a Motion to Compel the Debtor to File his Tax Returns for the years ending 1995, 1996, and 1997. The Debtor, Francis Patrick Farrell, opposes the Motion to Compel arguing that it is beyond the powers authorized under § 105.
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2Cases cited5 opinions
- In Re Morristown & Erie Railroad Company. Appeal of Morristown & Erie Railway, Inc.Court of Appeals for the Third Circuit · 1990
- In Re Hugo Olson and Jeraldine Olson, Debtors. Viking Associates, L.L.C. v. Wayne Drewes, Trustee, and Barbara G. Stuart, U.S. TrusteeCourt of Appeals for the Eighth Circuit · 1997
- Nasco P.R., Inc. v. Chemical Bank (In Re Nasco P.R., Inc.)United States Bankruptcy Court, D. Puerto Rico · 1990
- Cobb v. Hulsey (In Re Cobb)United States Bankruptcy Court, M.D. Florida · 1998
- Jablonski v. Internal Revenue ServiceDistrict Court, W.D. Pennsylvania · 1996
3Cited by2 opinions
- Department of the Treasury for the Commonwealth of Puerto Rico v. Galarza PaganDistrict Court, D. Puerto Rico · 2002
- Anelia TchernevaUnited States Bankruptcy Court, E.D. New York · 2022