Internal Revenue Service v. Ealy (In Re Ealy)
United States Bankruptcy Appellate Panel for the Eighth Circuit
1Opinion of the Court
SCHERMER, Bankruptcy Judge.
The Internal Revenue Service (“Creditor”) appeals the bankruptcy court’s 1 order denying relief from the automatic stay of 11 U.S.C. § 362 to offset a post-petition tax refund and a post-petition stimulus payment owed to Debtor Mark Anthony Ealy, Sr. (“Debtor”) against a post-petition tax liability of the Debtor to the Creditor. We must dismiss the appeal as moot.
BACKGROUND
The Debtor filed a petition for relief under Chapter 13 of the Bankruptcy Code on January 6, 2005. The Court confirmed the Debtor’s Chapter 13 plan which provided for payment of the Creditor’s…
2Cases cited6 opinions
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