Legal Opinion

In re McCarthy

United States Bankruptcy Court, D. Massachusetts

Decided July 11, 2016No. Case No. 13-30959-HJBPublishedCited by 4 opinions

1Opinion of the Court

MEMORANDUM OF DECISION

Henry J. Boroff, United States Bankruptcy Judge

Before the Court are cross motions for summary judgment filed by the debtors and the Commonwealth of Massachusetts Department of Revenue (“MDOR”) with regard to the “Debtors’ Motion for Contempt Sanctions (Discharge Violation): Massachusetts Department of Revenue” (the “Contempt Motion”). Through the Contempt Motion, the debtors seek a determination that the MDOR’s efforts to collect tax penalties associated with late filed returns violated the discharge injunction codified in § 524 of the United States Bankruptcy Code (the…

2Cases cited28 opinions

  1. Grogan v. GarnerSupreme Court of the United States · 1991
  2. United States v. Ron Pair Enterprises, Inc.Supreme Court of the United States · 1989
  3. Bankr. L. Rep. P 71,787 in Re John E. Tully, Debtor. Henry J. Boroff, Trustee in Bankruptcy of John E. Tully v. John E. TullyCourt of Appeals for the First Circuit · 1987
  4. Beard v. Comm'rUnited States Tax Court · 1984
  5. In Re Arthur R. Miller and Janet E. Miller, Debtors. Equitable Bank v. Arthur R. Miller, and Janet E. MillerCourt of Appeals for the Eleventh Circuit · 1994

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3Cited by4 opinions

  1. Boudreau v. Rhode Island Division of Taxation (In re Boudreau)United States Bankruptcy Court, D. Rhode Island · 2017
  2. Fayyaz Karim and Lisa A. KarimUnited States Bankruptcy Court, N.D. Illinois · 2020
  3. In re McCarthyUnited States Bankruptcy Court, D. Massachusetts · 2017
  4. In re: Robert and Jami WildemanUnited States Bankruptcy Court, N.D. Illinois · 2021

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