Legal Opinion

United States v. Carroll (In Re Bankruptcy Court's Use of a Standardized Form of Chapter 13 Confirmation Order That Enjoins the Internal Revenue Service to Redirect Tax Refunds to Chapter 13 Trustees)

District Court, E.D. Michigan

Decided January 20, 2010No. 2:09-cv-13505PublishedCited by 1 opinion

1Opinion of the Court

OPINION AND ORDER GRANTING PETITION FOR WRIT OF MANDAMUS

DENISE PAGE HOOD, District Judge.

I. INTRODUCTION/FACTS

On September 4, 2009, Plaintiff United States of America, at the request of the Chief Counsel to the Internal Revenue Service (“IRS”) and under the direction of the Attorney General, filed the instant Complaint and Petition for a Writ of Mandamus requesting the following relief: (1) an order declaring that the standing chapter 13 Trustees for the Eastern District of Michigan (“Trustees”) may not seek to enforce those provisions of numerous chapter 13 plan confirmation orders entered…

2Cases cited23 opinions

  1. United States v. MitchellSupreme Court of the United States · 1980
  2. Kerr v. United States Dist. Court for Northern Dist. of Cal.Supreme Court of the United States · 1976
  3. United States v. Nordic Village, Inc.Supreme Court of the United States · 1992
  4. United States v. Whiting Pools, Inc.Supreme Court of the United States · 1983
  5. Celotex Corp. v. EdwardsSupreme Court of the United States · 1995

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3Cited by1 opinion

  1. In Re WallerUnited States Bankruptcy Court, S.D. Ohio · 2010

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