Legal Opinion

In Re Tillery

United States Bankruptcy Court, W.D. Arkansas

Decided February 8, 1995No. Bankruptcy 94-16044 SPublishedCited by 12 opinions

1Opinion of the Court

ORDER

MARY D. SCOTT, Bankruptcy Judge.

THIS CAUSE is before the Court upon the Motion to Lift Automatic Stay, filed on October 14, 1994, by the United States of America. The United States seeks relief from stay in order to exercise its setoff rights under section 362 of the Bankruptcy Code. The debtors resist the motion and allege that by retaining their federal income tax refund, the government has violated the automatic stay such that sanctions should be imposed. The parties submitted a joint stipulation of facts and separate briefs to the Court for determination of the issues.

This Chapter 13…

2Cases cited37 opinions

In Re Southern Industrial Banking Corporation, Debtor. Thomas Duvoisin, Liquidating Trustee, and Bank of Commerce, Intervening v. Emmett J. FosterCourt of Appeals for the Sixth Circuit · 1987
In Re De Laurentiis Entertainment Group Inc., a Delaware Corporation, Debtor. Carolco Television Inc. v. National Broadcasting Co.Court of Appeals for the Ninth Circuit · 1992
In Re Cascade Roads, Inc., Debtor. United States of America v. Peter H. Arkison, TrusteeCourt of Appeals for the Ninth Circuit · 1994
National Westminster Bank, U.S.A. v. RossDistrict Court, S.D. New York · 1991
Small Business Administration v. Harold Rinehart Marilyn RinehartCourt of Appeals for the Eighth Circuit · 1989

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3Cited by12 opinions

Connecticut Pizza, Inc. v. Bell Atlantic-Washington, D.C., Inc. (In Re Connecticut Pizza, Inc.)United States Bankruptcy Court, D. Maryland · 1996
In Re HolderUnited States Bankruptcy Court, M.D. Tennessee · 1995
Harchar v. United States (In Re Harchar)United States Bankruptcy Court, N.D. Ohio · 2008
United States v. HoldenDistrict Court, D. Vermont · 2000
In Re LauxUnited States Bankruptcy Court, S.D. Illinois · 1995

7 more not listed; retrieve them via the Exa API.