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