- 11 U.S.C.
In re Mirabilis Ventures Inc.
Mar
28
2011
Ruling
IRS violated stay by effectuating setoff and applying overpayment to withholding tax obligations.
Procedural posture
In this case where the court previously confirmed the debtors' Joint Plan of Liquidation, the debtor and the Internal Revenue Service (IRS) disputed which party had a superior claim to tax overpayments made by the debtor before it filed this case, and whether the IRS violated the automatic stay by taking steps to effectuate a setoff.
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Court
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