- 11 U.S.C.
Gordon v. United States (In re Sissine)
May
27
2010
Ruling
State department of revenue and IRS did not violate stay by withholding tax refunds due to lack of notice and outstanding Trust Fund Recovery Penalty liabilities respectively.
Procedural posture
Plaintiff chapter 7 trustee filed an adversary proceeding against defendants, the Georgia Department of Revenue (GDOR) and United States of America, claiming, inter alia, that defendants violated the stay that was imposed when a debtor declared bankruptcy and were liable under former 11 U.S.C.S. § 362(h)(1) (recodified in 2005 as 11 U.S.C.S. § 362(k)(1)) in damages. The parties filed cross-motions for summary judgment.
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Court
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