Legal Opinion
Stucka v. United States of America (In Re Stucka)
United States Bankruptcy Court, C.D. California
Decided September 9, 1987No. Bankruptcy No. LAX 85-54082, Adv. No. LAX 86-3087PublishedCited by 42 opinions
1Opinion of the Court
MEMORANDUM OF DECISION
SAMUEL L. BUFFORD, Bankruptcy Judge.
I. INTRODUCTION
This adversary proceeding raises the issue of whether the interception of a debt- or’s tax refund and its application to back child support obligations, by state and federal authorities who had notice of this pending Chapter 13 case, constitutes a willful violation of the automatic stay, such that attorneys fees should be awarded to the debtor.
II. FACTS
Debtors Walter J. and Rosalie F. Stucka filed their Chapter 13 petition on August 15, 1985.
Pursuant to a prior state court order, Walter Stucka is required to pay child…
2Cases cited16 opinions
- Cool Fuel, Incorporated v. William H. Connett, Etc.Court of Appeals for the Ninth Circuit · 1982
- In Re Computer Communications, Inc., Debtor. Computer Communications, Inc. v. Codex CorporationCourt of Appeals for the Ninth Circuit · 1987
- Tel-A-Communications Consultants, Inc. v. Auto-Use (In Re Tel-A-Communications Consultants, Inc.)United States Bankruptcy Court, D. Connecticut · 1985
- Golden State Transit Corporation v. City of Los AngelesCourt of Appeals for the Ninth Circuit · 1984
- Dubin v. Jakobowski (In Re Stephen W. Grosse, P.C.)United States Bankruptcy Court, E.D. Pennsylvania · 1987
11 more not listed; retrieve them via the Exa API.
3Cited by42 opinions
- United States v. Inslaw, Inc.Court of Appeals for the D.C. Circuit · 1991
- In Re LileUnited States Bankruptcy Court, S.D. Texas · 1989
- In Re PetruccelliUnited States Bankruptcy Court, S.D. California · 1990
- Havelock v. Taxel (In Re Pace)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1993
- United States v. Germaine (In Re Germaine)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1993
37 more not listed; retrieve them via the Exa API.