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Boyd v. Internal Revenue Service (In re Boyd) (Case No. 10-62492; A.P. No. 11-06015) 05/25/2011

            Plaintiff filed for bankruptcy and subsequently formed a corporation.  As a result of communications concerning a notice of levy sent by the IRS to customers of the debtor’s previous corporation, a client of the new corporation turned over funds to the IRS that were owed to the new corporation.  Plaintiff brought a complaint against the Internal Revenue Service under 11 U.S.C. § 362(k)(1) requesting the IRS to return the funds.  The Court found that the funds were not a debtor, were not property of the debtor, and were not property of the estate.  The Court accordingly held that the IRS did not violate the automatic stay.

Date: 
Wednesday, May 25, 2011
Category: 
Adversary Proceedings
Automatic Stay
Chapter 13 Issues
Property of the Estate
Sanctions and contempt
Chapter: 
13