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IN RE MEALEY

Bankruptcy No. 80-02010K, Adv. No. 81-0838K.

16 B.R. 800 (1982)

In re Ronald J. MEALEY and Elizabeth A. Mealey, Debtors. Ronald J. MEALEY and Elizabeth A. Mealey, Plaintiffs, v. DEPARTMENT OF the TREASURY Internal Revenue Service and James T. Rideoutte, District Director, Philadelphia District, Defendants.

United States Bankruptcy Court, E.D. Pennsylvania.

January 26, 1982.

Attorney(s) appearing for the Case

David M. Still, Philadelphia, Pa., for debtors/plaintiffs.

Charles Carroll, Chief Dist. Counsel, Internal Revenue Service, Virginia R. Powel, Sp. Asst. U.S. Atty., Philadelphia, Pa., Mark G. Gellar, Trial Atty., Tax Div., U.S. Dept. of Justice, Washington, D.C., for defendants.

OPINION

WILLIAM A. KING, Jr., Bankruptcy Judge.

This case reaches the Court on a complaint by Ronald and Elizabeth Mealey, the debtors, to recover funds held by the Internal Revenue Service. The issue before the Court is whether the retention by the I.R.S. of a tax refund which is due the debtors is a setoff in violation of the automatic stay imposed by the Bankruptcy Code. If such retention is an impermissible setoff...

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