Legal Opinion
In Re Silver Eagle Co.
United States Bankruptcy Court, D. Oregon
Decided April 16, 2001No. 19-60596PublishedCited by 6 opinions
1Opinion of the Court
MEMORANDUM OPINION
ELIZABETH L. PERRIS, Bankruptcy Judge.
The Internal Revenue Service (“the IRS”) seeks relief from the automatic stay in order to set off its claim for tax penalties against a tax refund due to the chapter 7 estate of debtor Silver Eagle Company (“Debtor”). The issue is whether the court should exercise its discretion to deny the setoff based on the Bankruptcy Code’s unfavorable treatment of non-pecuniary loss penalty claims in chapter 7 cases. For the reasons discussed below, I will grant the motion for relief from stay to effectuate the setoff.
BACKGROUND
The parties agree…
2Cases cited17 opinions
- United States v. Munsey Trust Co.Supreme Court of the United States · 1947
- In Re: Danny Padilla, Debtor. William T. Neary, United States Trustee for Region 16 v. Danny PadillaCourt of Appeals for the Ninth Circuit · 2000
- 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
- Camelback Hospital, Inc. v. Buckenmaier (In Re Buckenmaier)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1991
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3Cited by6 opinions
- Brown & Cole Stores, LLC v. Associated Grocers, Inc. (In Re Brown & Cole Stores, LLC)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2007
- Faasoa v. Army & Air Force Exchange Service (In re Faasoa)United States Bankruptcy Court, S.D. California · 2017
- Sticka v. Oregon State Lottery Commission (In Re Moore)United States Bankruptcy Court, D. Oregon · 2005
- Brown & Cole Stores, LLC v. Associated Grocers, Inc. (In Re Brown & Cole Stores, LLC)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2007
- Coelho Dairy v. CoelhoUnited States Bankruptcy Court, D. Oregon · 2019
1 more not listed; retrieve them via the Exa API.