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Sarner v. Massachusetts Dept of Revenue (In re Sarner)

Sarner v. Massachusetts Dept of Revenue (In re Sarner)

Ruling
Temporary restraining order and preliminary injunction against state taxing authority to prevent levy on debtor's accounts denied.
Procedural posture

Plaintiffs, a debtor and her non-debtor spouse, filed an emergency motion for a temporary restraining order and preliminary injunction against defendant creditor Massachusetts Department of Revenue (MDOR) to prohibit the MDOR from levying, or maintaining a levy, against the plaintiffs' bank accounts, arguing such actions impeded the debtor's ability to perform under, and comply with, her chapter 13 plan.

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Consumer opinion summary, case decided on October 31, 2011 , LexisNexis #1211-036