Legal Opinion
In Re Whitaker
United States Bankruptcy Court, S.D. Ohio
Decided October 20, 1994No. Bankruptcy 94-51586PublishedCited by 30 opinions
1Opinion of the Court
ORDER GRANTING MOTION TO LIFT STAY
CHARLES M. CALDWELL, Bankruptcy Judge.
The United States of America on behalf of the Internal Revenue Service (“IRS”) requests relief from the automatic stay pursuant to 11 U.S.C. § 362(d) to set off a prepetition income tax refund due to the Debtors against the IRS claim filed in this case. The Debtors filed a petition for relief under chapter 13 of the Bankruptcy Code on March 22, 1994. Debtors’ chapter 13 plan sets forth, in addition to full repayment of secured claims and unsecured priority claims, repayment of unsecured debt at ten percent (10)%.
The IRS…
2Cases cited21 opinions
- United States of America on Behalf of Its Agency Internal Revenue Service v. William H. Norton, Carrie W. Norton, F/k/a Carrie A. WoodwardCourt of Appeals for the Third Circuit · 1983
- In Re Southern Industrial Banking Corporation, Debtor. Thomas Duvoisin, Liquidating Trustee, and Bank of Commerce, Intervening v. Emmett J. FosterCourt of Appeals for the Sixth Circuit · 1987
- In Re De Laurentiis Entertainment Group Inc., a Delaware Corporation, Debtor. Carolco Television Inc. v. National Broadcasting Co.Court of Appeals for the Ninth Circuit · 1992
- In Re Applied Logic Corporation, Bankrupt. New Jersey National Bank v. Daniel Gutterman, as Trustee of Applied Logic Corporation, BankruptCourt of Appeals for the Second Circuit · 1978
- In Re ContiUnited States Bankruptcy Court, E.D. Virginia · 1985
16 more not listed; retrieve them via the Exa API.
3Cited by30 opinions
- Aetna Casualty & Surety Co. v. LTV Steel Co. (In re Chateaugay Corp.)Court of Appeals for the Second Circuit · 1996
- In Re KleatherUnited States Bankruptcy Court, S.D. Ohio · 1997
- In Re HolderUnited States Bankruptcy Court, M.D. Tennessee · 1995
- In Re CullenUnited States Bankruptcy Court, N.D. Iowa · 2005
- In Re TilleryUnited States Bankruptcy Court, W.D. Arkansas · 1995
25 more not listed; retrieve them via the Exa API.