Legal Opinion

In Re Lowthorp

United States Bankruptcy Court, M.D. Florida

Decided May 26, 2005No. 9:03-BK-9117-ALPPublished

1Opinion of the Court

ORDERS ON DEBTOR’S MOTION FOR SUMMARY JUDGMENT (Doc. No. 68)

ALEXANDER L. PASKAY, Bankruptcy Judge.

THE MATTER under consideration in this confirmed Chapter 13 case is a Motion for Summary Judgment (Doc. No. 68) filed by Richard Lowthorp and Anita Lowthorp (Debtors) in which they seek an Order finding the Government (IRS) in contempt for violating the discharge injunction granted by the Order of Confirmation of their Chapter 13 Plan (Plan). (Doc. No. 21). It is the contention of the Debtors that there are no genuine issues of material facts and, based on the same, they are entitled to a summary…

2Cases cited18 opinions

  1. Rake v. WadeSupreme Court of the United States · 1993
  2. In the Matter of Kenneth W. Smith, Debtor. Appeal of State of IndianaCourt of Appeals for the Seventh Circuit · 1988
  3. Jones v. United States, Department of the Treasury, Internal Revenue Service (In Re Jones)District Court, N.D. Illinois · 1991
  4. Daniel v. United States (In Re Daniel)United States Bankruptcy Court, N.D. Georgia · 1989
  5. Dixon v. Internal Revenue Service (In Re Dixon)Bankruptcy Appellate Panel of the Tenth Circuit · 1998

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