Legal Opinion

Broos v. United States (In re Broos)

United States Bankruptcy Appellate Panel for the Eighth Circuit

Decided July 16, 2015No. BAP No. 15-6013Published

1Opinion of the Court

SCHERMER, Bankruptcy Judge.

John Lloyd Broos and Carol Jean Broos (Debtors) appeal from the Bankruptcy Court’s1 order substituting the named defendants, several employees of the Internal Revenue Service (IRS), for the United States, and dismissing their complaint. The Debtors’ complaint alleged violations of 26 U.S.C. § 7433 and 11 U.S.C. § 524. We have jurisdiction over this appeal. 28 U.S.C. § 158(b). We affirm.

ISSUES

1. Was it proper to substitute the United States as the defendant?

2. Was it proper to deny the Debtors’ request for entry of default judgment?

3. Did the Debtors have standing to…

2Cases cited4 opinions

  1. United States v. Nordic Village, Inc.Supreme Court of the United States · 1992
  2. Laura Nix v. Bobby Norman, Arkansas Commission on Law Enforcement Standards and Training and the State of ArkansasCourt of Appeals for the Eighth Circuit · 1989
  3. Heide v. Juve (In Re Juve)Court of Appeals for the Eighth Circuit · 2014
  4. Wilson v. Walker (In re Walker)United States Bankruptcy Appellate Panel for the Eighth Circuit · 2015

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