Bankruptcy Law: Sufficiency of Tax return

Bankruptcy Law: Sufficiency of Tax return

BANKRUPTCY LAW: Late, post-assessment tax returns were “tax returns” within the meaning of 11 USC Sec. 523 (a)(1)(B), and debtor’s old tax debt could be discharged pursuant to satisfaction of other statutory requirements. (In re Martin, adversary action vs. IRS) From NACBA: In finding that the Martins filed a “return” and that their tax debt was therefore dischargeable, the bankruptcy court applied the test set forth in Beard v. Comm’r, 82 T.C. 766, 774–79 (1984), aff’d 793 F.2d 139 (U.S. Sixth Circuit Court of Appeal, 1986)

Bankruptcy Law: Automatic Stay

Bankruptcy Law: Automatic Stay

BANKRUPTCY LAW (Automatic Stay): In en banc opinion, 9th Circuit holds that debtor can recover all fees spent in resisting creditor who violates automatic stay in seeking to collect debt (America’s Servicing Co. v. Schwartz-Tallard, originally issued 4/16/2014, San Francisco, modified Autumn 2015)

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