Legal Opinion

In Re Clarkson

District Court, D. South Carolina

Decided April 26, 1994No. Bankruptcy 93-74091PublishedCited by 12 opinions

1Opinion of the Court

ORDER

WM. THURMOND BISHOP, Bankruptcy Judge.

This matter comes before the Court on Debtor’s motion for sanctions and damages against the Internal Revenue Service (“IRS”) for violation of the automatic stay pursuant to 11 U.S.C. § 362(h).

FACTS

1. The debtor filed for relief under Chapter 7 of the United States Bankruptcy Code on August 20, 1993.

2. The IRS holds a judgment against the debtor which was entered on April 27, 1989, in United States of America v. Clarkson et al., Civil No. 8:88-1298-3.

3. The debtor’s property had been ordered to be sold by the United States District Court and was duly…

2Cases cited19 opinions

  1. Kalb v. FeuersteinSupreme Court of the United States · 1940
  2. In Re Edith Bloom, M.D., Debtor. William A. Goichman v. Edith Bloom, M.D.Court of Appeals for the Ninth Circuit · 1989
  3. Borg-Warner Acceptance Corporation v. Alvin Dewayne Hall and Beverly Jane Hall, A/K/A Beverly Jane CantinCourt of Appeals for the Eleventh Circuit · 1982
  4. Wagner v. Ivory (In Re Wagner)United States Bankruptcy Court, E.D. Pennsylvania · 1987
  5. In Re Nita B. Smith, Debtor. Nita B. Smith, Cross-Appellant v. First America Bank, N.A., Cross-AppelleeCourt of Appeals for the First Circuit · 1989

14 more not listed; retrieve them via the Exa API.

3Cited by12 opinions

  1. In Re SammonUnited States Bankruptcy Court, D. South Carolina · 2000
  2. Shadduck v. RodolakisDistrict Court, D. Massachusetts · 1998
  3. United States v. Flynn (In Re Flynn)District Court, S.D. Georgia · 1995
  4. Weatherford v. Timmark, Carey Holdings Inc. (In Re Weatherford)United States Bankruptcy Court, D. South Carolina · 2009
  5. Lamar v. Mitsubishi Motors Credit of America, Inc. (In Re Lamar)United States Bankruptcy Court, S.D. Georgia · 2000

7 more not listed; retrieve them via the Exa API.

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