Okwukwu v. Internal Revenue Service (In Re Okwukwu)

MEMORANDUM OPINION

JACK CADDELL, Bankruptcy Judge.

This cause came on to be heard upon the complaint filed by the debtor, Sonny Okwukwu (“Okwukwu”), seeking turnover pursuant to 11 U.S.C. § 542 of debtor’s 1996 federal tax refund setoff by the IRS, post-petition, against debtor’s 1991 tax debt. The IRS filed a motion to annul the automatic stay and validate the setoff of Okwukwu’s tax refund and argues that the refund is not subject to turnover pursuant to the setoff provisions of 11 U.S.C. § 553(a)-(b)(2). The parties submitted the matter to the Court upon the pleadings at the pre-trial…