Franchise Tax Board v. Roberts (In Re Roberts)
United States Bankruptcy Appellate Panel for the Ninth Circuit
1Opinion of the Court
OPINION
VOLINN, Bankruptcy Judge:
OVERVIEW
The Franchise Tax Board of the State of California (the FTB) continued to receive money from a wage garnishment of the debtors after receiving notice of the debtors’ Chapter 13 bankruptcy and instigated other proceedings against the debtors for a period of some five years. On motion by the debtors, the court assessed against the FTB the debtors’ attorney’s fees and costs pursuant to 11 U.S.C. § 362(h), and continued the hearing pending submission of a billing statement, which was served on counsel for the FTB. Although given sufficient time prior to the…
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