Legal Opinion
Harbaugh v. United States, Internal Revenue Service (In Re Harbaugh)
United States Bankruptcy Court, W.D. Pennsylvania
Decided May 11, 1989No. 19-20923PublishedCited by 7 opinions
1Opinion of the Court
MEMORANDUM OPINION
BERNARD MARKOVITZ, Bankruptcy Judge.
Before the Court are Plaintiffs/Debtors’ Complaint For Specific Enforcement Of The Automatic Stay, and Defendant’s Motion For Relief From The Automatic Stay Nunc Pro Tunc. Plaintiffs opine that the action of Defendant in offsetting a tax refund postpetition, without requesting and/or receiving court authorization to do so, is a clear-cut violation of the automatic stay. Accordingly, Debtors request Defendant be ordered to return the refund to the estate with interest.
In addition to answering the above-captioned Adversary Complaint, by…
2Cases cited28 opinions
- Commissioner v. National Alfalfa Dehydrating & Milling Co.Supreme Court of the United States · 1974
- United States of America on Behalf of Its Agency Internal Revenue Service v. William H. Norton, Carrie W. Norton, F/k/a Carrie A. WoodwardCourt of Appeals for the Third Circuit · 1983
- 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
- In the Matter of Arkansas Company, Inc., a New York Corporation, Debtor. Appeal of Benenson & Scher, P.A., Attorneys for the Creditors Committee of Arkansas Co., IncCourt of Appeals for the Third Circuit · 1986
- Central Tablet Manufacturing Co. v. United StatesSupreme Court of the United States · 1974
23 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- In Re Thorvund-StatlandUnited States Bankruptcy Court, D. Idaho · 1993
- Hankerson v. United States Department of Education (In Re Hankerson)United States Bankruptcy Court, E.D. Pennsylvania · 1991
- Kalenze v. Federal Crop Insurance (In Re Kalenze)United States Bankruptcy Court, D. North Dakota · 1994
- Matter of Don Connolly Const. Co., Inc.United States Bankruptcy Court, M.D. Florida · 1990
- In Re GlennUnited States Bankruptcy Court, E.D. Pennsylvania · 1996
2 more not listed; retrieve them via the Exa API.