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judge stearns

In re Fitzhugh

Ruling
Case properly dismissed where debtor failed to file timely motion in opposition.
Procedural posture

The Bankruptcy Court for the District of Massachusetts dismissed appellant debtor's voluntary petition for chapter 13 bankruptcy protection based on the debtor's admitted failure to file an objection to appellee trustee's motion to dismiss prior to the court-ordered deadline for a response. The debtor appealed the bankruptcy court's order of dismissal.

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Consumer opinion summary, case decided on November 10, 2009 , LexisNexis #1209-028

Beaucage v. United States IRS

Ruling
Court ruled that IRS' exercised setoff right, applying refund to prepetition tax liability, extinguished debtor's contingent right to refund.
Procedural posture

Appellant debtor challenged an order of the bankruptcy court, which approved appellee IRS's setoff under 26 U.S.C. § 6402 of a refund of her 2004 taxes against an accrued prepetition tax liability.

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opinion summary, case decided on June 02, 2006 , LexisNexis #0706-010