Legal Opinion

Foltz v. United States (In Re Foltz)

United States Bankruptcy Court, M.D. Pennsylvania

Decided March 3, 2005No. Bankruptcy No. 1-90-00280, Adversary No. 1-04-00188APublishedCited by 6 opinions

1Opinion of the Court

OPINION

MARY D. FRANCE, Bankruptcy Judge.

Before the Court is the Complaint of Robert W. Foltz (“Debtor”) against the United States of America, Internal Revenue Service (“IRS”) alleging that the IRS violated the discharge injunction by assessing and attempting to collect certain trust fund recovery penalties against him. Debtor seeks sanctions for civil contempt for these alleged violations of the discharge injunction. Foltz and the IRS submitted undisputed stipulations of facts, and both parties have moved for summary judgment. For the reasons that follow, summary judgment will be denied to…

2Cases cited13 opinions

  1. Rake v. WadeSupreme Court of the United States · 1993
  2. Lawrence Tractor Co. v. GregoryCourt of Appeals for the Ninth Circuit · 1983
  3. Kornegay v. CottinghamCourt of Appeals for the Third Circuit · 1997
  4. In Re David Allen Hairopoulos, Debtor. United States of America, Acting by and Through the Internal Revenue Service v. David Allen HairopoulosCourt of Appeals for the Eighth Circuit · 1997
  5. United States v. Germaine (In Re Germaine)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1993

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3Cited by6 opinions

  1. In Re MeyersUnited States Bankruptcy Court, E.D. Pennsylvania · 2006
  2. Iskric v. Commonwealth Financial Systems, Inc. (In re Iskric)United States Bankruptcy Court, M.D. Pennsylvania · 2013
  3. Cook v. Camden City Municipal Court (In re Cook)United States Bankruptcy Court, E.D. Pennsylvania · 2015
  4. Bernhard v. KullUnited States Bankruptcy Court, E.D. Pennsylvania · 2022
  5. THOMAS v. CITY OF PHILADELPHIADistrict Court, E.D. Pennsylvania · 2024

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