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Michaelesco v. United States

Michaelesco v. United States

Ruling
Action against IRS for violation of stay dismissed.
Procedural posture

Plaintiff taxpayer filed an action claiming that (1) the Internal Revenue Service (IRS) had violated the automatic stay provision of the bankruptcy code, 11 U.S.C.S. § 362, by collecting $ 15,668 from her accounts for taxes she failed to pay, and (2) she experienced emotional distress as a result of the collection. Defendant United States moved to dismiss the action. The taxpayer moved to amend and to transfer venue.

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Consumer opinion summary, case decided on August 10, 2009 , LexisNexis #0909-028