Critical Case Comment – United States of America v. Krispin S. Carroll, et al., 2010 WL 338040 (E.D. Mich. January 20, 2010) (Hood)

United States of America v. Krispin S. Carroll, et al., 2010 WL 338040 (E.D. Mich. January 20, 2010) (Hood)

Sovereign immunity protects the Internal Revenue Service from complying with a “redirect order” requiring it to forward a debtor’s tax refund to the Trustee.

Summary of the Case

In 2008 the bankruptcy court of the Eastern District of Michigan approved a standardized confirmation order which included an injunctive provision requiring the Internal Revenue Service to issue . . .

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