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IN RE HARBAUGH

Bankruptcy No. 88-297, Motion No. 89-004M, Adv. No. 88-490.

99 B.R. 671 (1989)

In re David W. HARBAUGH and Cathy J. Harbaugh, Debtors. David W. HARBAUGH and Cathy J. Harbaugh, Plaintiffs, v. UNITED STATES of America, INTERNAL REVENUE SERVICE, Defendant.

United States Bankruptcy Court, W.D. Pennsylvania.

May 11, 1989.

Attorney(s) appearing for the Case

James C. Warmbrodt, Pittsburgh, Pa., for debtors.

Joseph F. Minni, Trial Atty., Tax Div., U.S. Dept. of Justice, Washington, D.C.

K. Lawrence Kemp, Kemp & Kemp, New Kensington, Pa., Trustee.

Stephen I. Goldring, Pittsburgh, Pa., Asst. U.S. Trustee.

MEMORANDUM OPINION

BERNARD MARKOVITZ, Bankruptcy Judge.

Before the Court are Plaintiffs/Debtors' Complaint For Specific Enforcement Of The Automatic Stay, and Defendant's Motion For Relief From The Automatic Stay Nunc Pro Tunc. Plaintiffs opine that the action of Defendant in offsetting a tax refund postpetition, without requesting and/or receiving court authorization to do so, is a clear-cut violation of the automatic stay. Accordingly, Debtors...

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