Legal Opinion
Sexton v. Department of Treasury (In re Sexton)
United States Bankruptcy Court, W.D. Virginia
Decided April 1, 2014No. Bankruptcy No. 13-70230; Adversary No. 13-07037PublishedCited by 21 opinions
1Opinion of the Court
MEMORANDUM OPINION
REBECCA B. CONNELLY, Bankruptcy Judge.
The question this court must answer is whether the government’s post-petition setoff of the debtor’s tax refund to satisfy a non-tax debt is a violation of the automatic stay. Before the Court are the debtor’s complaint and the government’s two motions to dismiss the debtor’s complaint. The debtor’s complaint seeks to enforce the automatic stay against the government. The government seeks to dismiss the complaint under Rule 12(b)(6) for failure to state a claim. Additionally, the government moves to dismiss under Rule 12(b)(1) for this…
2Cases cited43 opinions
- Ashcroft v. IqbalSupreme Court of the United States · 2009
- Steel Co. v. Citizens for a Better EnvironmentSupreme Court of the United States · 1998
- Bell v. HoodSupreme Court of the United States · 1946
- Connecticut National Bank v. GermainSupreme Court of the United States · 1992
- Stern v. MarshallSupreme Court of the United States · 2011
38 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Addison v. United States Department of Agriculture (In re Addison)United States Bankruptcy Court, W.D. Virginia · 2015
- Faasoa v. Army & Air Force Exchange Service (In re Faasoa)United States Bankruptcy Court, S.D. California · 2017
- United States Department of Agriculture v. SextonDistrict Court, W.D. Virginia · 2015
- Benson v. United States (In re Benson)United States Bankruptcy Court, W.D. Virginia · 2017
- In re ButtrillUnited States Bankruptcy Court, E.D. Tennessee · 2016
16 more not listed; retrieve them via the Exa API.