IN RE HOLDEN

Bankruptcy No. 96-10549. Adversary No.97-1020.

236 B.R. 156 (1999)

In re Earll and Carol HOLDEN, Debtors. Earll and Carol Holden, Plaintiffs, v. United States of America (Internal Revenue Service), Defendants.

United States Bankruptcy Court, D. Vermont.

July 21, 1999.


Attorney(s) appearing for the Case

R.H. Coutant, Salmon & Nostrand, Bellows Falls, VT and G.F. Walsh, VT Legal Aid Inc., Springfield, VT, for Earll and Carol Holden.

M. Ranaldo, Assistant United States Attorney, Burlington, VT and P. Sklarew, United States Department of Justice Tax Division, Washington D.C., for United States of America.


MEMORANDUM OF DECISION HOLDING IRS ACTIONS IN VIOLATION OF AUTOMATIC STAY AND IN CONTEMPT OF CHAPTER 13 PLAN CONFIRMATION ORDER

FRANCIS G. CONRAD, Bankruptcy Judge.

Debtors claim that IRS violated the automatic stay and plan confirmation order when it placed an administrative freeze on their tax refund. We hold1 that IRS violated §§ 362(a)(3) and (6) of the Bankruptcy Code, and that IRS acted in contempt...

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