Legal Opinion

In Re New Century Trs Holdings, Inc.

United States Bankruptcy Court, D. Delaware

Decided February 14, 2008No. 19-10245Published

1Opinion of the Court

MEMORANDUM 1

KEVIN J. CAREY, Bankruptcy Judge.

BACKGROUND

New Century TRS Holdings, Inc. and its affiliates (the “Debtors”) filed voluntary petitions for relief under chapter 11 of the United States Bankruptcy Code on April 2, 2007. 2 Currently before the Court is the Debtors’ motion pursuant to 11 U.S.C. §§ 105(a) and 362(a) for an order enforcing the automatic stay against the Internal Revenue Service and granting related relief (docket no. 3829)(the “Motion”). In the Motion, the Debtors ask this Court to enter an order directing the Internal Revenue Service (the “IRS”) to release a tax refund…

2Cases cited6 opinions

  1. Franklin Savings Corp. v. United States (In Re Franklin Savings Corp.)Court of Appeals for the Tenth Circuit · 2004
  2. In Re Samuel Derek Graham and Suzanne Genett Graham, Debtors. Samuel Derek Graham and Suzanne Genett Graham v. United StatesCourt of Appeals for the Tenth Circuit · 1992
  3. In Re: Custom Distribution Services Inc., Debtor City of Perth Amboy v. Custom Distribution Services, IncCourt of Appeals for the Third Circuit · 2000
  4. Rock v. United StatesDistrict Court, S.D. New York · 1968
  5. Columbia Gas System, Inc. v. United StatesUnited States Court of Federal Claims · 1994

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