United States of America on Behalf of Its Agency Internal Revenue Service v. William H. Norton, Carrie W. Norton, F/k/a Carrie A. Woodward
Court of Appeals for the Third Circuit
1Opinion of the Court
OPINION OF THE COURT
ADAMS, Circuit Judge.
Shortly after the debtors filed a petition for an adjustment of their debts under the Bankruptcy Reform Act of 1978, hereinafter referred to as the Code, the Internal Revenue Service (IRS) retained a portion of a tax overpayment that was due the debtors. The principal issue before us in this appeal is whether this action by the IRS violated the automatic stay provisions of the Code. We hold that it does.
I
On October 2, 1980, William and Carrie Norton, the appellees filed a petition for an adjustment of their debts under Chapter 13 of the Code. In their…
2Cases cited20 opinions
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- In Re AsheCourt of Appeals for the Third Circuit · 1982
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