- 11 U.S.C.
In re Ground Round Inc.
Feb
13
2007
Ruling
Bankruptcy court lacked authority to enforce alleged injunction that was not expressly set forth in plan or settlement with creditor.
Procedural posture
Movant, a liquidating agent for the debtors, requested the entry of an order, pursuant to the court's authority under 11 U.S.C. § 105, enforcing an asserted injunction set forth in the debtors'joint liquidating plan of reorganization against respondent state taxing authorities, which were attempting to collect taxes from former officers or directors of the debtors. The taxing authorities filed oppositions to the motion.
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Court
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