Legal Opinion

Holland v. Commissioner (In Re Holland)

United States Bankruptcy Court, S.D. California

Decided July 31, 1989No. 19-00438PublishedCited by 4 opinions

1Opinion of the Court

MEMORANDUM DECISION

JOHN J. HARGROVE, Bankruptcy Judge.

At issue is whether funds obtained by the IRS through pre-petition collection activity can be recovered by the debtor pursuant to 11 U.S.C. §§ 547(b) and 522(h).

This court has jurisdiction to hear this matter pursuant to 28 U.S.C. § 1334 and § 157(b)(1) and General Order No. 312-D of the United States District Court, Southern District of California. This is a core proceeding pursuant to 28 U.S.C. § 157(b)(2)(F).

The plaintiff/debtor Robert J. Holland (“debtor”) and defendant Commissioner of Internal Revenue Service (“IRS”) have filed…

2Cases cited5 opinions

  1. United States, Internal Revenue Service v. Isom (In Re Isom)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1988
  2. Zupancic v. Winer (In Re Zupancic)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1984
  3. Sarner v. Sarner (In Re Sarner)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1982
  4. Rand Development Corp. v. San Antonio Acres, 72 Plus (In Re San Antonio Acres, 72 Plus)United States Bankruptcy Court, C.D. California · 1984
  5. FSI Financial Group, Inc. v. Dumas (In Re Dumas)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1983

3Cited by4 opinions

  1. In Re Robert H. Isom Mary E. Isom, Debtors. Robert H. Isom Mary E. Isom v. United States of America, Internal Revenue ServiceCourt of Appeals for the Ninth Circuit · 1990
  2. Olson v. United States (In Re Olson)United States Bankruptcy Court, D. North Dakota · 1993
  3. Dillard v. United States, Internal Revenue Service (In Re Dillard)United States Bankruptcy Court, N.D. Illinois · 1990
  4. Turner v. United States (In Re Turner)United States Bankruptcy Court, D. South Carolina · 1997

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