Legal Opinion

In Re Coastal Bus and Equipment Sales, Inc.

United States Bankruptcy Court, D. Massachusetts

Decided September 14, 2005No. 19-10844PublishedCited by 2 opinions

1Opinion of the Court

MEMORANDUM OF DECISION

WILLIAM C. HILLMAN, Bankruptcy Judge.

I. INTRODUCTION

The matter before the Court is a motion (the “Motion”) by the Internal Revenue Service (the “IRS”) seeking relief from the automatic stay to setoff pre-petition tax overpayments (the “Refund”) against unpaid tax liabilities which Coastal Bus and Equipment Sales, Inc. (the “Debtor”) incurred during the Chapter 11 case (the “Tax Liabilities”). Both the Chapter 7 Trustee, John J. Aquino (the “Trustee”) and a secured creditor of the estate, Citizens Bank of Massachusetts (“Citizens”), filed objections. For the reasons given…

2Cases cited7 opinions

  1. Mohawk Industries Inc. v. United States (In Re Mohawk Industries, Inc.)United States Bankruptcy Court, D. Massachusetts · 1987
  2. Pettibone Corporation v. United StatesCourt of Appeals for the Seventh Circuit · 1994
  3. Aetna Casualty & Surety Co. v. LTV Steel Co. (In re Chateaugay Corp.)Court of Appeals for the Second Circuit · 1996
  4. United States v. Laughlin (In Re Laughlin)Bankruptcy Appellate Panel of the First Circuit · 1997
  5. Bob Brest Buick, Inc. v. Nissan Motor Corp. in U.S.A. (In Re Bob Brest Buick, Inc.)United States Bankruptcy Court, D. Massachusetts · 1991

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3Cited by2 opinions

  1. Lassman v. CroninDistrict Court, D. Massachusetts · 2014
  2. Beaucage v. United States (In Re Beaucage)United States Bankruptcy Court, D. Massachusetts · 2005

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