Summary:
Abstract:
Copley v. United States involved a question at the intersection of tax law and bankruptcy law: can a debtor invoke bankruptcy exemption rules to shield an anticipated income tax refund from offset by the Internal Revenue Service? When the Fourth Circuit Court of Appeals was presented with this question of first impression â a question that has divided bankruptcy courts in recent years â it held that the IRS right of offset prevails over the debtorsâ right of exemption.
Summary:
Commentary:
The facts and legal interpretations in this case, where the 4th Circuit found that the business structure of Big Picture Loans was protected by the tribal sovereign immunity of the Lac Vieux Desert Band of the Lake Superior Chippewa Indians, are not particularly pertinent to bankruptcy or consumer rights issues that are the focus of this blog.
Summary:
The Virginia Department of Social Services, Division of Child Support Enforcement, sought to obtain post-petition funds held by the Trustee following the dismissal of Mr. Webbâs unconfirmed Chapter 13 case to apply against his delinquent child support.