Legal Opinion
Burke v. United States Ex Rel. Internal Revenue Service (In Re Burke)
United States Bankruptcy Court, S.D. Georgia
Decided July 18, 1996No. 14-50745PublishedCited by 10 opinions
1Opinion of the Court
ORDER
JOHN S. DALIS, Bankruptcy Judge.
Gary and Pamela Burke brought this adversary proceeding against the United States of America, acting by and through its agency the Internal Revenue Service (hereinafter “IRS”) alleging violation of the automatic stay and of the post-discharge injunction. The IRS filed a motion for summary judgment alleging that no stay was in effect when the IRS instituted its collections efforts and denying that the. post-discharge injunction applied to the debts in issue. For the reason that follow, the IRS’ motion is granted.
Under Federal Rule of Civil Procedure 56…
2Cases cited10 opinions
- Adickes v. S. H. Kress & Co.Supreme Court of the United States · 1970
- Bill Clark Herbert Futch Austin Hurst Louis Sliker and William Barrineau v. Coats & Clark, Inc.Court of Appeals for the Eleventh Circuit · 1991
- Kelly v. RobinsonSupreme Court of the United States · 1986
- Pennsylvania Department of Public Welfare v. DavenportSupreme Court of the United States · 1990
- United States v. National Bank of CommerceSupreme Court of the United States · 1985
5 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Diviney v. Nationsbank of Texas (In Re Diviney)Bankruptcy Appellate Panel of the Tenth Circuit · 1998
- Crocker v. CrockerBankruptcy Appellate Panel of the First Circuit · 2007
- U.S. Bank, N.A. v. Brumfiel (In re Brumfiel)United States Bankruptcy Court, D. Colorado · 2014
- Andrews v. AndrewsCourt of Civil Appeals of Alabama · 2017
- Glaspell v. Internal Revenue ServiceUnited States Bankruptcy Court, N.D. West Virginia · 2020
5 more not listed; retrieve them via the Exa API.