Legal Opinion

In Re Warwick

United States Bankruptcy Court, W.D. Arkansas

Decided February 23, 1995No. Bankruptcy 94-16116 SPublishedCited by 6 opinions

1Opinion of the Court

ORDER

MARY D. SCOTT, Bankruptcy Judge.

THIS CAUSE is before the Court upon the Motion to Lift Automatic Stay, filed on September 19, 1994, by the United States of America, and the debtors’ Objection to Secured Claim of Internal Revenue Service, filed on January 17,1995. The United States moved for relief from stay in order to exercise its setoff rights under section 362 of the Bankruptcy Code. The debtors resist the motion and allege that by retaining their federal income tax refund, the United States has violated the automatic stay such that sanctions should be imposed. In a related contested…

2Cases cited38 opinions

  1. In Re Southern Industrial Banking Corporation, Debtor. Thomas Duvoisin, Liquidating Trustee, and Bank of Commerce, Intervening v. Emmett J. FosterCourt of Appeals for the Sixth Circuit · 1987
  2. 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
  3. In Re Cascade Roads, Inc., Debtor. United States of America v. Peter H. Arkison, TrusteeCourt of Appeals for the Ninth Circuit · 1994
  4. National Westminster Bank, U.S.A. v. RossDistrict Court, S.D. New York · 1991
  5. Small Business Administration v. Harold Rinehart Marilyn RinehartCourt of Appeals for the Eighth Circuit · 1989

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3Cited by6 opinions

  1. Connecticut Pizza, Inc. v. Bell Atlantic-Washington, D.C., Inc. (In Re Connecticut Pizza, Inc.)United States Bankruptcy Court, D. Maryland · 1996
  2. In Re HolderUnited States Bankruptcy Court, M.D. Tennessee · 1995
  3. In Re EalyUnited States Bankruptcy Court, E.D. Arkansas · 2008
  4. United States v. MunsonDistrict Court, C.D. Illinois · 2000
  5. Okwukwu v. Internal Revenue Service (In Re Okwukwu)United States Bankruptcy Court, N.D. Alabama · 1997

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