KUHL v. U.S.

Docket No. 05-6570-BK.

467 F.3d 145 (2006)

Barbara Ann KUHL, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided: October 18, 2006.


Attorney(s) appearing for the Case

Jeffrey Herzberg, Zinker & Herzberg, LLP, Smithtown, NY, for Appellant.

Randolph L. Hutter, Tax Division, Department of Justice, Washington, D.C. (Thomas J. Clark, of counsel; Eileen J. O'Connor, Assistant Attorney General, on the brief), for Appellee.

Before: JACOBS, Chief Judge, MINER and STRAUB, Circuit Judges.


PER CURIAM:

After appellant Barbara Ann Kuhl filed in bankruptcy and achieved the discharge of her debts, the IRS garnished her wages. Kuhl demonstrated that most of the tax liabilities had been discharged, and she thereby defeated the garnishment. She now seeks to recover from the IRS attorneys' fees she incurred litigating the issue of dischargeability.

The Bankruptcy Court for the Eastern District of New York (Bernstein, J.) denied her motion for attorneys...

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