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UNITED STATES v. MIGHELL

No. 6151.

273 F.2d 682 (1959)

UNITED STATES of America, Appellant, v. Harvey MIGHELL and Florence Mighell, Appellees. In the Matter of Harvey MIGHELL and Florence Mighell, Bankrupts.

United States Court of Appeals Tenth Circuit.

December 18, 1959.

Attorney(s) appearing for the Case

Karl Schmeidler, Atty., Dept. of Justice, Washington, D. C. (Charles K. Rice, Asst. Atty. Gen., Lee A. Jackson and I. Henry Kutz, Attys., Dept. of Justice, Washington, D. C., Wilbur G. Leonard, U. S. Atty., and E. Edward Johnson, Asst. U. S. Atty., Topeka, Kan., were with him on the brief), for appellant.

Ernest Rice, Topeka, Kan., and Clarence H. Wood, Kansas City, Kan., for Marvin E. Thompson, amicus curiae.

Before BRATTON, LEWIS and BREITENSTEIN, Circuit Judges.

BREITENSTEIN, Circuit Judge.

The questions presented here are (1) whether claims of the United States for income tax penalties and for post-bankruptcy interest survive bankruptcy and may be recovered out of property acquired after discharge in bankruptcy and (2) whether a court of bankruptcy may, in the exercise of its equitable powers, enjoin attempts to collect such claims.

The bankrupts, Harvey and Florence Mighell, filed proceedings for an arrangement...

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