In re Peterson (03-40732)
After the United States Department of Treasury and the Internal Revenue Service ("U.S.A./I.R.S.") filed a Motion for Relief from the Automatic Stay to Exercise the Right of Setoff, Noah J. and Connie C. Peterson ("Debtors") filed a Motion for Contempt against U.S.A./I.R.S. Both motions were heard at the same time. The Court did not agree with Debtors that U.S.A./I.R.S. had waived its right to setoff because it did not assert the right to setoff in its proof of claim. Therefore, the Court held in favor of U.S.A./I.R.S., granted its Motion for Relief from the Automatic Stay to Exercise the Right of Setoff, and denied Debtors’ Motion for Contempt.