February 2010

IRS Won’t Intercept Tax Refund for Michigan Ch.13 Trustees

by Craig Andresen, Minneapolis, MN, Bankruptcy Attorney

In United States v. Carroll, No. 2:09-cv-13505 (E.D.Mich. Jan. 20, 2010), a U.S. district court ruled that the chapter 13 trustees of the Eastern District of Michigan may no longer seek to intercept the federal income tax refunds of chapter 13 debtors.  The IRS had soveriegn immunity from bankruptcy court orders requiring the IRS to intercept [...]