Legal Opinion

Taborski v. United States Internal Revenue Service

District Court, N.D. Illinois

Decided March 10, 1992No. 91 C 6600, 88 B 1624 and 89 A 587PublishedCited by 39 opinions

1Opinion of the Court

MEMORANDUM OPINION AND ORDER

MAROYICH, District Judge.

The bankruptcy court found the Internal Revenue Service (“IRS”) willfully violated the automatic stay set forth in 11 U.S.C. § 362 (“§ 362”) by seizing Jerri Taborski’s postpetition income tax refunds and applying those overpayments to her husband’s income tax liability. 1 As a consequence of these actions, the bankruptcy court awarded Jerri Taborski her costs and attorneys’ fees for actions she took to force the IRS to refund her overpayments. The United States objects to the bankruptcy court’s decision. Notwithstanding the United States’…

2Cases cited33 opinions

  1. United States v. MitchellSupreme Court of the United States · 1983
  2. United States v. Nordic Village, Inc.Supreme Court of the United States · 1992
  3. Kokoszka v. BelfordSupreme Court of the United States · 1974
  4. Hoffman v. Connecticut Department of Income MaintenanceSupreme Court of the United States · 1989
  5. Diane Colby, on Her Own Behalf and That of All Other Persons Similarly Situated v. J.C. Penney Company, Inc.Court of Appeals for the Seventh Circuit · 1987

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3Cited by39 opinions

  1. In Re Theodore R. Price and Ollie P. Price, Debtors. Theodore R. Price and Ollie P. Price v. United StatesCourt of Appeals for the Seventh Circuit · 1994
  2. Diviney v. Nationsbank of Texas (In Re Diviney)Bankruptcy Appellate Panel of the Tenth Circuit · 1998
  3. In Re SumpterUnited States Bankruptcy Court, N.D. Illinois · 1994
  4. Diviney v. Nationsbank of Texas (In Re Diviney)United States Bankruptcy Court, N.D. Oklahoma · 1997
  5. In Re BenalcazarUnited States Bankruptcy Court, N.D. Illinois · 2002

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

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