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UNITED STATES v. REYNOLDS

Nos. 84-1545(L), 84-1581.

764 F.2d 1004 (1985)

UNITED STATES of America, 680-00851(C), Appellant, v. George E. REYNOLDS and Sue S. Reynolds, A258, Emily Y. Wilson, Appellees. UNITED STATES of America, 680-00851(C), Appellee, v. Emily Y. WILSON, Appellant, and George E. Reynolds and Sue S. Reynolds, Defendants.

United States Court of Appeals, Fourth Circuit.

Decided June 17, 1985.

Attorney(s) appearing for the Case

Wynette J. Hewett, Washington, D.C. (John P. Alderman, U.S. Atty., Roanoke, Va., Michael L. Paup, Washington, D.C., Douglas G. Coulter, on brief) for appellant.

Douglas E. Little, Charlottesville, Va. (Robert M. Musselman, Ross W. Krumm, Charlottsville, Va., on brief) for appellee/cross appellant.

Before SPROUSE and WILKINSON, Circuit Judges, and NORTHROP, Senior United States District Judge for the District of Maryland, sitting by designation.

SPROUSE, Circuit Judge:

The Internal Revenue Service appeals from a judgment of the district court, 38 B.R. 725, affirming the bankruptcy court's ruling that the IRS had violated the automatic stay1 imposed in the Chapter 132 bankruptcy proceeding of George E. and Sue S. Reynolds by "freezing" or retaining an income tax refund owed to the Reynoldses. The Reynoldses owed taxes...

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