Legal Opinion

J.J. Re-Bar Corp. v. United States (In Re J.J. Re-Bar Corp.)

United States Bankruptcy Appellate Panel for the Ninth Circuit

Decided November 4, 2009No. BAP EC-09-1040-DJuBa; Bankruptcy 98-21421PublishedCited by 2 opinions

1Opinion of the Court

OPINION

DUNN, Bankruptcy Judge.

The appellant, J.J. Re-Bar Corporation, Inc. (“JJ Re-Bar”), appeals the bankruptcy court’s denial of its motion 1) to enforce provisions of the order confirming its chapter 11 2 plan and 2) to hold the Internal Revenue Service (“IRS”) in contempt for seeking to collect “trust fund” tax liabilities from JJ Re-Bar’s officers as “responsible persons.” We AFFIRM.

I. FACTUAL BACKGROUND

The facts in this appeal are not in dispute. JJ Re-Bar filed a chapter 11 petition on January 30, 1998. Postpetition, JJ Re-Bar continued to operate its business in chapter 11 as a debtor…

2Cases cited19 opinions

  1. Robert W. Monday v. United States of America, and Third-Party v. John A. Monday, Third-PartyCourt of Appeals for the Third Circuit · 1970
  2. United States v. SoteloSupreme Court of the United States · 1978
  3. J. A. Newsome, Jr. v. United StatesCourt of Appeals for the Fifth Circuit · 1970
  4. In Re: Robert McKnight Pardee Darlene Daigle-Pardee, Debtors. Great Lakes Higher Education Corporation v. Robert McKnight Pardee Darlene Daigle-PardeeCourt of Appeals for the Ninth Circuit · 1999
  5. United States v. Huckabee Auto Co.Court of Appeals for the Eleventh Circuit · 1986

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3Cited by2 opinions

  1. In re GonzalesUnited States Bankruptcy Court, C.D. California · 2014
  2. In re: Solimano Framing Group LLCUnited States Bankruptcy Appellate Panel for the Ninth Circuit · 2024

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