AIRA 28 th Annual Bankruptcy & Restructuring Conference. Wednesday, June 6, 2012 San Francisco, CA
|
|
- Roland Douglas
- 6 years ago
- Views:
Transcription
1 AIRA 28 th Annual Bankruptcy & Restructuring Conference Wednesday, June 6, 2012 San Francisco, CA
2 TAX DISCHARGE Dennis Bean, CPA, CIRA Bean Hunt Harris & Company Certified Public Accountants Fresno, Ca
3 Discussion Overview Bankruptcy Tax Discharge With Emphasis on the Hanging paragraphs under Sec. 507 and Sec
4 Bankruptcy- 11USC 507 (Priority of Taxes) 8 th Priority Unsecured claims of governments for- (a) tax on income or gross receipts for a year ending on or before the filing date of the petition- (i) a return last due after 3 years before the date bankruptcy is filed. 4
5 Bankruptcy Sec. 507 Continued (ii) assessed within 240 days before the date the petition is filed, exclusive of (I) any time during which an OIC was pending or in effect during that 240 days + 30 days; (II) any time during which a stay against collections was in effect in a prior bankruptcy case during that 240 days + 90 days. 5
6 Bankruptcy- Sec. 507 Continued (iii) tax on a return not yet assessed but still assessable under the law or by agreement, after the commencement of the case. 6
7 Bankruptcy-Sec. 507 Continued Catchall phrase at end of subparagraph Applicable time periods are suspended during period government is prohibited from collecting tax because the debtor filed an appeal to collection action taken or proposed against debtor + 90 days; plus any time automatic stay was in effect or collection was precluded in one or more confirmed plans + 90 days. 7
8 IRS T-SCRIPT RED FLAG CDP Protest Appeal CODE EXPLANATION OF TRANSACTION CYCLE DATE AMOUNT 971 Pending installment agreement $ Installment agreement established $ Lien placed on assets due to balance owed $ Fees and other expenses for collecfon $ Issued nofce of lien filing and right to $0.00 CollecFon Due Process hearing 971 CollecFon due process request received Fmely $ Bankruptcy or other legal acfon filed $ Installment agreement established $ AddiFonal tax assessed $ Removed bankruptcy or other legal acfon $ CollecFon due process (hearing) resolved by $0.00 Appeals - NoFce of DeterminaFon leuer issued, you waived judicial review or withdrew the hearing request 971 NoFce issued $0.00 CP Tax period blocked from automated levy program $0.00
9 Bankruptcy Sec. 507 Continued Note: Catchall phrase at end of Sec. 507 discussed above does not apply to 11 USC 523 late filed, qualifying SFR returns or fraudulent returns, etc. 9
10 Bankruptcy-11 USC 523 (Exceptions to Discharge) (a)(1)(b) with respect to which a return, or equivalent report or notice, if required (i) was not filed or given; (ii) was filed or given after the return was last due and after two years before the date of the filing of the petition; 10
11 Bankruptcy-Sec. 523 Continued (C) with respect to which the debtor made a fraudulent return or willfully attempted in any manner to evade or defeat such tax. 11
12 Sec. 523 Catchall Phrase (1 st Phrase) For purposes of this subsection, the term return means a return that satisfies the requirements of nonbankruptcy law (including applicable filing requirements). (continued) 12
13 Sec. 523 Catchall Phrase (2 nd Phrase) Such term includes a return prepared pursuant to Sec. 6020(a) of the IRC of 1986, or similar State or local law, or a written stipulation to a judgment or final order entered by a non-bankruptcy tribunal, but does not include a return made pursuant to Sec. 6020(b). 13
14 Definitions Tax Return 1. Document must purport to be a return. 2. Must be signed under penalty of perjury. 3. Contain sufficient information to permit calculation of tax. 4. Be an honest and reasonable attempt to satisfy tax law requirements. 14
15 Definition - Applicable Filing Requirements (Due Dates) 1. Calendar year returns are due on or before the 15 th of April following the close of the calendar year. (IRC Sec. 6072), or 2. If filed under an extension of time for fling are due by the 15 th of October. (IRC Sec. 6081). 15
16 Substitutes for Returns IRC Sec. 6020(a) = Return prepared by IRS with the taxpayer s cooperation. IRC Sec. 6020(b) = Return prepared by the IRS from its own knowledge without the cooperation or assistance of the taxpayer. 16
17 Pre BAPCPA SFR Cases Returns filed after SFR assessments are not returns: Colson, 446 F.3d 836 (8 th Cir. 2006) Payne, 431 F.3d 1055 (7 th Cir. 2005) Moroney, 352 F.3d 902 (3 rd Cir. 2003) Hindenlang, 163 F. 3d 1029 (6 th Cir. 1999)
18 Post BAPCPA SFR Cases Late filed returns cannot qualify as returns unless filed under Sec. 6020(a) safe harbor. Links, 104 AFTR 2d (Ohio) Creekmore, 401 BR 748 (2008) (Miss) Shinn, XXX AFTR (2012) (Ill) McCoy, 666 F.3d 924 (2012) (Miss) Hernandez, 2012 WL (2011) (Texas)
19 Post BAPCPA SFR Cases Returns filed after SFR assessments - not returns for Sec. 523(a)(1)(B). Cannon, 107 AFTR 2d (GA) Wogoman, 108 AFTR 2d (C0) Smythe, 109 AFTR 2d 2012 (WA)
20 IRS Position Late filed Returns CC Tax debt related to a late filed 1040 can be discharged. (a) Taxpayers have no right to demand Service prepare a SFR under 6020(a). (b) Courts holding no tax on late filed returns runs counter to 2 year statutory rule.
21 IRS Position - Continued In the case of a debtor who files a Form 1040 after an SFR assessment reporting no more tax than was previously assessed, no part of the tax would be dischargeable. A Form 1040 is not disqualified as a return solely because it was filed late.
22 Bankruptcy- 11USC 727 Intent to hinder, delay, or defraud a creditor or officer of the estate can also used to deny a discharge of tax obligations. 22
23 Practice Pointers Always get current transcripts from tax agency. Check and re-check all key dates and watch for holidays and weekends when counting days. Do not assume that all the information that is reported on the transcript is all you need. 23
24 Practice Pointers Continued Consider requesting a rep letter from the debtor to confirm: - protests filed by debtor or other representative. - separate returns filed by one spouse who later filed jointly with spouse. - statute waivers 24
25 Practice Pointers Continued If in doubt, ask someone preferably someone with the special procedures section of the tax agency you might be dealing with if/when the debtor files bankruptcy. Request the IRS administrative file to check all SFR case assessments to see if made under Sec.6020(a) or 6020(b). 25
Kevin Murphy, Esq. Andreozzi Bluestein LLP 9145 Main Street Clarence, NY PH# (716) , Fax# (716)
Kevin Murphy, Esq. Andreozzi Bluestein LLP 9145 Main Street Clarence, NY 14031 PH# (716) 633-3200, Fax# (716) 633-0301 kmm@andreozzibluestein.com PART 1 BASIC TAX ISSUES IN BANKRUPTCY Tax Collection Defense
More informationEmerging Tax Issues: Tolling the 2-year Period, What's Up With McCoy & More
Emerging Tax Issues: Tolling the 2-year Period, What's Up With McCoy & More Produced by The Academy 1 Emerging Tax Issues: Tolling the 2-year Period, What's Up With McCoy & More Panelists: Morgan D. King
More informationCase 1:13-cv LTB Document 12 Filed 09/11/13 USDC Colorado Page 1 of 23
Case 1:13-cv-00098-LTB Document 12 Filed 09/11/13 USDC Colorado Page 1 of 23 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO LEWIS T. BABCOCK, JUDGE Civil Case No. 13-cv-00098-AP-LTB IN
More informationCase 1:16-cv WGY Document 14 Filed 09/06/16 Page 1 of 12 UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS
Case 1:16-cv-10148-WGY Document 14 Filed 09/06/16 Page 1 of 12 UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS IN RE: JOHAN K. NILSEN, Plaintiff/Appellant, v. CIVIL ACTION NO. 16-10148-WGY MASSACHUSETTS
More informationThoughts on Various Tax Issues in Bankruptcy
Thoughts on Various Tax Issues in Bankruptcy Charles S. Parnell Parnell & Associates, P.C. 4891 Independence St., Suite 240 Wheat Ridge, CO 80033 303-234-0574 303-234-1415 fax charles@cparnell.com TABLE
More informationSTATUTE OF LIMITATIONS Analyze This. By LG Brooks Enrolled Agent
The capital of Texas enrolled agents Austin, Texas November 2008 STATUTE OF LIMITATIONS Analyze This By LG Brooks Enrolled Agent I. BIOGRAPHY LG Brooks, BA, EA LG Brooks is an Enrolled Agent and is the
More informationCollection Due Process Hearing
263 Collection Due Process (CDP) Statutory Right A gift from the IRS Restructuring and Reform Act of 1998 1. Lien IRC 6320 2. Levy IRC 6330 263 264 Critical Issues of CDP Use it or lose it 30 days to REQUEST
More informationSupreme Court of the United States
NO. 16-497 IN THE Supreme Court of the United States MARTIN SMITH, v. Petitioner, INTERNAL REVENUE SERVICE, Respondent. ON PETITION FOR WRIT OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE
More informationOverview of Tax Controversy and Procedure
Overview of Tax Controversy and Procedure Presented by: Deborah S. Kearns Assistant Clinical Professor of Law Albany Law School December 9, 2014 Getting Started Determine stage of tax controversy. Determine
More information11 USC 505. NB: This unofficial compilation of the U.S. Code is current as of Jan. 4, 2012 (see
TITLE 11 - BANKRUPTCY CHAPTER 5 - CREDITORS, THE DEBTOR, AND THE ESTATE SUBCHAPTER I - CREDITORS AND CLAIMS 505. Determination of tax liability (a) (1) Except as provided in paragraph (2) of this subsection,
More informationACCOUNTAX SCHOOL OF BUSINESS, INCORPORATED A Profile in Continuing Professional Education. Representing Clients During the Collections Process
ACCOUNTAX SCHOOL OF BUSINESS, INCORPORATED A Profile in Continuing Professional Education Representing Clients During the Collections Process A. Extension of time to pay (e.g., Form 1127-A) If a taxpayer
More informationDischarge of Unfiled Taxes under the Bankruptcy Abuse Prevention and Protection Act of 2005 (BAPCPA). No More Super Discharge?
Discharge of Unfiled Taxes under the Bankruptcy Abuse Prevention and Protection Act of 2005 (BAPCPA). No More Super Discharge? Written by: Stephen B. Kass Law Offices of Stephen B. Kass, P.C.; New York
More information15 - First Circuit Determines When IRS Willfully Violates Bankruptcy Discharge Order
15 - First Circuit Determines When IRS Willfully Violates Bankruptcy Discharge Order IRS v. Murphy, (CA 1, 6/7/2018) 121 AFTR 2d 2018-834 The Court of Appeals for the First Circuit, affirming the district
More informationIRS COLLECTION PROCEDURES AND TAXPAYER REMEDIES
IRS COLLECTION PROCEDURES AND TAXPAYER REMEDIES By: Daniel J. Cramer Cramer, Minock & Sweeney, PLC The IRS has broad powers to enforce tax laws and collect outstanding taxes. The most common IRS collection
More informationIRS Practice and Procedure as to the Collection of Payroll Taxes. Penalties and Interest
IRS Practice and Procedure as to the Collection of Payroll Taxes By: Kenneth B. Schwartz, Esq., CPA 500 North Broadway, Ste 124 Jericho, N.Y. 11754 Tel: 516-333-7020 www.schwartzattorney.com December 2,
More information) ) ) ) ) ) CHAPTER 13 PLAN [ ] MOTION(S) TO VALUE COLLATERAL AND [ ] MOTION(S) TO AVOID LIENS [check box if motion(s) included] CHAPTER 13 PLAN
UNITED STATES BANKRUPTCY COURT EASTERN DISTRICT OF CALIFORNIA In re: Debtor. Case No. CHAPTER 13 PLAN [ ] MOTION(S TO VALUE COLLATERAL AND [ ] MOTION(S TO AVOID LIENS [check box if motion(s included] CREDITORS
More informationBasic Debtor Creditor Terminology
Basic Debtor Creditor Terminology Debtor: person who owes the money Creditor: person to whom the money is owed To qualify as a debt, it must be: Certain (i.e., not contingent on some future event) Liquidated
More informationCase hdh11 Doc 498 Filed 03/13/17 Entered 03/13/17 10:13:40 Page 1 of 7
Case 16-34393-hdh11 Doc 498 Filed 03/13/17 Entered 03/13/17 10:13:40 Page 1 of 7 JOHN R. PARKER UNITED STATES ATTORNEY Dawn Whalen Theiss Assistant United States Attorney State Bar No. 24051755 1100 Commerce
More informationABA TAX SECTION WASHINGTON, DC
ABA TAX SECTION WASHINGTON, DC MAY 11, 2012 CLOSELY HELD BUSINESSES AND CIVIL AND CRIMINAL TAX PENALTIES COMMITTEES Presented by: Renesha N. Fountain Chamberlain, Hrdlicka, White, Williams & Aughtry Houston,
More informationINTERNAL MANUAL -- PASSPORT CERTIFICATION PROCEDURES
INTERNAL MANUAL -- PASSPORT CERTIFICATION PROCEDURES (Excerpted from IRS Internal Manual. https://www.irs.gov/irm. Both sections below are substantially the same. The first applies to field collection
More informationOffer-in-Compromise Why or Why Not
Why or Why Not The Capital of Texas Enrolled Agents November 2010 by: lg brooks, ea Why or Why Not Table of Contents Introduction 3 The Offer Process 4 The Offer in Compromise: Offers in General 4 Grounds
More informationTrust Fund Recovery. A Tax Resolution Institute Publication 2016
A Tax Resolution Institute Publication 2016 Trust Fund Recovery Facing possible retributions such as civil liability for unpaid employment taxes, including penalties and interest, and possible criminal
More informationUNITED STATES DISTRICT COURT MIDDLE DISTRICT OF TENNESSEE NASHVILLE DIVISION ) ) ) ) ) ) ) ) ) ) MEMORANDUM OPINION
UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF TENNESSEE NASHVILLE DIVISION JAMES R. BIGGERS and PAMELA BIGGERS, v. Plaintiffs, INTERNAL REVENUE SERVICE, Defendant. NO. 1:15-cv-00041 JUDGE CRENSHAW MEMORANDUM
More informationOfficial Form 410 Proof of Claim
Fill in this information to identify the case: Debtor 1 Debtor 2 (Spouse, if filing) United States Bankruptcy Court for the: District of of Case number Official Form 410 Proof of Claim Read the instructions
More information219 Dirksen Senate Office Building 1102 Longworth House Office Building Washington, DC Washington, DC 20515
Section of Taxation OFFICERS Chair Michael Hirschfeld Chair-Elect Armando Gomez Vice Chairs Administration Leslie E. Grodd Westport, CT Committee Operations Priscilla E. Ryan Chicago, IL Continuing Legal
More informationStudent Loans & Bankruptcy CAASLAR
Student Loans & Bankruptcy CAASLAR April 25, 2008 Chad Echols General Counsel Williams & Fudge, Inc. Disclaimer This presentation should be construed as an overview of the issues discussed and not as legal
More informationCase jal Doc 38 Filed 03/14/18 Entered 03/14/18 11:32:31 Page 1 of 5 UNITED STATES BANKRUPTCY COURT FOR THE WESTERN DISTRICT OF KENTUCKY
Case 17-32785-jal Doc 38 Filed 03/14/18 Entered 03/14/18 11:32:31 Page 1 of 5 UNITED STATES BANKRUPTCY COURT FOR THE WESTERN DISTRICT OF KENTUCKY IN RE: MARK A. BLANKENSHIP CASE NO. 17-32785(1(7 Debtor(s
More informationIN THE UNITED STATES BANKRUPTCY COURT FOR THE WESTERN DISTRICT OF MISSOURI
IN THE UNITED STATES BANKRUPTCY COURT FOR THE WESTERN DISTRICT OF MISSOURI IN RE: ) ) NATHAN L. OSBORN and ) Case No. 06-41015 CATHERINE C. OSBORN, ) ) Debtors. ) ORDER SUSTAINING DEBTORS OBJECTION TO
More informationIntroduction to Collections: 9/6/2012. The Basics of the IRS Collections Process
David F. Miles, E.A. is a consultant with 20/20 Tax Resolution, Inc. with 15 years of tax resolution experience. David works nationally as a taxpayer representative focusing on state and IRS collections.
More informationUNITED STATES BANKRUPTCY COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION
John D. Fiero (CA Bar No. ) Kenneth H. Brown (CA Bar No. 00) Miriam Khatiblou (CA Bar No. ) Teddy M. Kapur (CA Bar No. ) 0 California Street, th Floor San Francisco, California -00 Telephone: /-000 Facsimile:
More informationBankruptcy Questions Answered!
Bankruptcy Questions Answered! by ROBERT E. McKENZIE, EA, ATTORNEY 2017 ARNSTEIN & LEHR SUITE 1200 120 SOUTH RIVERSIDE PLAZA CHICAGO, ILLINOIS 60606 (312) 876-7100 REMCKENZIE@ARNSTEIN.COM http://www.mckenzielaw.com
More informationThis Product Contains Sensitive Taxpayer Data. Account Transcript --- ANY MINUS SIGN SHOWN BELOW SIGNIFIES A CREDIT AMOUNT ---
FORM NUMBER: 1040 TAX PERIOD: Dec. 31, 2007 TAXPAYER IDENTIFICATION NUMBER: 40 SPOUSE TAXPAYER IDENTIFICATION NUMBER: 24 G HONOLULU, HI APT 602 Account Transcript MULTIPLE CURRENTLY NOT COLLECTIBLE (CNC)
More informationBack to the basics... BANKRUPTCY
Back to the basics... BANKRUPTCY WHAT IS BANKRUPTCY? Constitutionally authorized method by which honest debtors achieve a fresh start and creditors are repaid in an orderly manner. HOW DOES BANKRUPTCY
More informationRepresenting the Innocent Spouse in Pre- and Post-Filing Tax Controversies
Representing the Innocent Spouse in Pre- and Post-Filing Tax Controversies Presented to CPA Academy Lawrence A. Sannicandro, Esq. 1 Overview I. Introduction II. Conflicts of Interest III. Overview of Innocent
More informationResponding to Adverse IRS Audit Assessments: Audit Reconsideration Requests, IRS Appeals, and Settlement Strategies
Responding to Adverse IRS Audit Assessments: Audit Reconsideration Requests, IRS Appeals, and Settlement Strategies TUESDAY, MARCH 1, 2016, 1:00-2:50 pm Eastern IMPORTANT INFORMATION This program is approved
More informationStatute of Limitations on Collection Extended by Taxpayer Bankruptcy, Offer in Compromise. Fields, (DC NM 3/17/2016) 117 AFTR 2d
Statute of Limitations on Collection Extended by Taxpayer Bankruptcy, Offer in Compromise Fields, (DC NM 3/17/2016) 117 AFTR 2d 2016-528 A district court has approved IRS's calculation of an extension
More informationOfficial Form 113 Chapter 13 Plan 12/17
Fill in this information to identify your case: Debtor 1 Debtor 2 First Name Middle Name Last Name (Spouse, if filing) First Name Middle Name Last Name Check if this is an amended plan, and list below
More informationTAX LAW FOR LEGAL SERVICES AND PRO BONO ATTORNEYS
CHAPTER 14 FOR LEGAL SERVICES AND PRO BONO ATTORNEYS Mark Moreau (863) About The Author Mark Moreau, Co-Director, Southeast Louisiana Legal Services, New York University School of Law, LL.M. in Taxation,
More informationOfficial Form 113 Chapter 13 Plan 12/15
Draft - 05/13/2013 United States Bankruptcy Court for the District of Debtor(s): Case No.: Date: Check if this is an amended plan Official Form 113 Chapter 13 Plan 12/15 Part 1: Notice to Interested Parties
More informationALI-ABA Course of Study How To Handle a Tax Controversy at the IRS and in Court: From Administrative Audit Through Litigation
191 ALI-ABA Course of Study How To Handle a Tax Controversy at the IRS and in Court: From Administrative Audit Through Litigation Sponsored with the cooperation of the ABA Section of Taxation June 24-25,
More informationUNITED STATES BANKRUPTCY COURT NORTHERN DISTRICT OF OHIO ) ) ) ) ) ) MEMORANDUM OF OPINION 1
The court incorporates by reference in this paragraph and adopts as the findings and orders of this court the document set forth below. This document was signed electronically on April 02, 2007, which
More informationIntro to Collections
Intro to Collections The Basics of the IRS Collection Process David F. Miles, E.A. August 6, 2013 Lecture Introduction This is an introductory course of IRS collections. The course will cover the fundamentals
More informationTRI Tax Resolution Institute. where your tax debt is your power! Busy Season. all year long
TRI Tax Resolution Institute where your tax debt is your power! Busy Season all year long Low Hanging Fruit How to make real money in the next 12 months Meet our speaker Peter Y. Stephan, CPA (800) 658-7590
More informationNothing in This Life Is Certain Except Death, Taxes
Consumer Workshop III Nothing in This Life Is Certain Except Death, Taxes and Student Loan Debt concurrent session Charles S. Parnell, Moderator Parnell & Associates PC; Wheat Ridge, Colo. Scott M. Browning
More informationUNITED STATES TAX COURT WASHINGTON, DC ORDER AND ORDER OF DISMISSAL FOR LACK OF JURISDICTION
24 RS UNITED STATES TAX COURT WASHINGTON, DC 20217 JOHN M. CRIM, Petitioner(s, v. Docket No. 1638-15 COMMISSIONER OF INTERNAL REVENUE, Respondent. ORDER AND ORDER OF DISMISSAL FOR LACK OF JURISDICTION
More informationUNITED STATES BANKRUPTCY COURT EASTERN DISTRICT OF CALIFORNIA
UNITED STATES BANKRUPTCY COURT EASTERN DISTRICT OF CALIFORNIA In re: Case No. Debtor. CH APT ER 13 PL AN [ ] MOTION(S) TO VALUE COLLATERAL AND [ ] MOTION(S) TO AVOID LIENS [check if motion(s) included]
More informationGleim EA Review Updates to Part Edition, 1st Printing April 2016
Page 1 of 6 Gleim EA Review Updates to Part 3 2016 Edition, 1st Printing April 2016 NOTE: Text that should be deleted is displayed with a line through it. New text is shown with a blue background. This
More informationSELECTED STATUTES & CASE LAW THAT IMPACT THE INTERPLAY BETWEEN BANKRUPTCY & MATRIMONIAL LAW & THE FACT PATTERN By Emily Harper
SELECTED STATUTES & CASE LAW THAT IMPACT THE INTERPLAY BETWEEN BANKRUPTCY & MATRIMONIAL LAW & THE FACT PATTERN By Emily Harper 28 U.S.C. 1334 Jurisdiction of the Bankruptcy Court Regarding Certain Issues
More informationTax Issues in Foreclosure Cases
Tax Issues in Foreclosure Cases September 19, 2017 Christopher Fasano Staff Attorney Mobilization for Justice, Inc. cfasano@mfjlegal.org Contents of Presentation I. Income from the discharge of indebtedness
More informationUNITED STATES BANKRUPTCY COURT NORTHERN DISTRICT OF GEORGIA DIVISION CHAPTER 13 PLAN. Extension ( ) Composition ( )
UNITED STATES BANKRUPTCY COURT NORTHERN DISTRICT OF GEORGIA DIVISION IN RE ) Case no: ) ) Chapter 13 ) Debtor ) CHAPTER 13 PLAN Extension ( ) Composition ( ) You should read this Plan carefully and discuss
More informationChapter 4. 1:05 2:05pm. The Chapter 13 Plan and Saving Your Client s Home. William F. Malaier Jr. Nagler & Malaier, P.S.
Chapter 4 1:05 2:05pm The Chapter 13 Plan and Saving Your Client s Home William F. Malaier Jr. Nagler & Malaier, P.S. PowerPoint distributed at the program and also available for download in electronic
More informationAnalyzing benefits and risks of filing Chapter 7 bankruptcy
Analyzing benefits and risks of filing Chapter 7 bankruptcy Successful bankruptcy provides a fresh start for the honest but unfortunate debtor Chapter 7 discharge is only available once every 8 years.
More informationA REVIEW OF THE NEW BANKRUPTCY LAW. Wednesday, 15 February 2006
A REVIEW OF THE NEW BANKRUPTCY LAW Wednesday, 15 February 2006 I. One of the main purposes of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 is to prohibit granting relief under Chapter
More informationTAX PRACTICE FINAL COPYRIGHT 2017 LGUTEF. Learning Objectives. Introduction
TAX PRACTICE 14 Issue 1: Substitute for Returns and Superseding Returns.. 506 Issue 2: Nonfilers........... 509 Issue 3: Collection Statute of Limitations.............. 513 Issue 4: Transferees, Nominees,
More informationTHE UNITED STATES BANKRUPTCY COURT NORTHERN DISTRICT OF OHIO CHAPTER 13 PROCEEDING ) ) ) ) ) )
THE UNITED STATES BANKRUPTCY COURT NORTHERN DISTRICT OF OHIO IN RE: CHAPTER 13 PROCEEDING ORDER CONFIRMING PLAN CASE NO. JUDGE Alan M. Koschik Pursuant to 11 USC 1324, the above-captioned Debtor(s most-recently
More informationChapter 13 Plan Non-Standard Section Template for Student Loan IDR Plans During Bankruptcy
Chapter 13 Plan Non-Standard Section Template for Student Loan IDR Plans During Bankruptcy For use by a debtor not in default on Federal student loans who wants to enroll in or remain in an IDR repayment
More informationInformation & Instructions: Demand letter opportunity to cure and intent to accelerate the note
Information & Instructions: Demand letter opportunity to cure and intent to accelerate the note 1. The demand letter in the form that follows is used to advise the debtor that he or she is delinquent in
More informationCase Doc 1879 Filed 01/21/14 Entered 01/21/14 18:01:54 Desc Main Document Page 1 of 13
Document Page 1 of 13 IN THE UNITED STATES BANKRUPTCY COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION ) In re: ) ) EDISON MISSION ENERGY, et al., ) ) Debtors. ) ) Chapter 11 Case No. 12-49219
More informationCh. 35 TAX EXAMINATIONS AND ASSESSMENTS CHAPTER 35. TAX EXAMINATIONS AND ASSESSMENTS
Ch. 35 TAX EXAMINATIONS AND ASSESSMENTS 61 35.1 CHAPTER 35. TAX EXAMINATIONS AND ASSESSMENTS Sec. 35.1. Tax examinations and assessments. 35.2. Interest, additions, penalties, crimes, and offenses. 35.3.
More information2016 IRS Collections Representation Boot Camp
2016 IRS Collections Representation Boot Camp Presented by: Dan Henn, CPA & Jassen Bowman, EA Sponsors: IRS Program Number: SDQJW-T-00040-16-I Sponsor ID #137128. Before We Get Started For proper CPE tracking,
More information1:14-cv MMM # 6 Page 1 of 9 UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF ILLINOIS PEORIA DIVISION
1:14-cv-01031-MMM # 6 Page 1 of 9 E-FILED Monday, 21 July, 2014 03:28:44 PM Clerk, U.S. District Court, ILCD UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF ILLINOIS PEORIA DIVISION IN RE: ) ) STEPHANIE
More informationBankruptcy 1. WHAT IS A DISCHARGE IN BANKRUPTCY?
Bankruptcy DISCLAIMER: The information contained in this fact sheet is of a general nature and is provided for your assistance. It is not intended as legal advice and is not a substitute for legal counsel.
More informationIN THE UNITED STATES BANKRUPTCY COURT FOR THE NORTHERN DISTRICT OF TEXAS DIVISION
BTXN222 10/16 IN THE UNITED STATES BANKRUPTCY COURT FOR THE NORTHERN DISTRICT OF TEXAS DIVISION In re: * Case No.: * Date: * * Chapter 13 Debtor(s) * Last 4 # SSN or TIN: DEBTOR S (S ) CHAPTER 13 PLAN
More informationINCOME TAX CLAIMS IN THE YEAR OF BANKRUPTCY: A CONGRESSIONALLY CREATED QUAGMIRE TABLE OF CONTENTS
INCOME TAX CLAIMS IN THE YEAR OF BANKRUPTCY: A CONGRESSIONALLY CREATED QUAGMIRE Gregory L. Germain 1 TABLE OF CONTENTS I. THE RELATIONSHIP BETWEEN PRIORITY AND DISCHARGEABILITY...2 II. PRIORITY FOR INCOME
More informationUNITED STATES BANKRUPTCY COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION CHAPTER 13 PLAN. [ _#_ Amended (if applicable)] Chapter 13 Plan
UNITED STATES BANKRUPTCY COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION CHAPTER 13 PLAN Debtor(s) Case No: [ _#_ Amended (if applicable)] Chapter 13 Plan 1. MONTHLY PLAN PAYMENTS: Including Trustee's
More informationRule Chapter 13 Payments. Commencement of Payments.
Rule 3070-1. Chapter 13 Payments. (A) Commencement of Payments. (1) Deadline to Commence. Payments to the chapter 13 trustee pursuant to the proposed plan, as may be amended, shall commence not later than
More informationOfficial Form 410 Proof of Claim
Fill in this information to identify the case: Debtor FIRST RIVER ENERGY, LLC United States Bankruptcy Court for the Western District of Texas Case number 18-50085-CAG11 Official Form 410 Proof of Claim
More informationALI-ABA Course of Study How To Handle a Tax Controversy at the IRS and in Court: From Administrative Audit Through Litigation
149 ALI-ABA Course of Study How To Handle a Tax Controversy at the IRS and in Court: From Administrative Audit Through Litigation Sponsored with the cooperation of the ABA Section of Taxation May 28-29,
More informationUNITED STATES BANKRUPTCY COURT DISTRICT OF NEW JERSEY
UNITED STATES BANKRUPTCY COURT DISTRICT OF NEW JERSEY IMPORTANT NOTICE TO THE BAR AND PUBLIC CONCERNING REVISION AND IMPLEMENTATION OF LOCAL FORMS, CHAPTER 13 PLAN AND MOTIONS AND NOTICE OF CHAPTER 13
More informationOffice of Chief Counsel
Department of the Treasury Internal Revenue Service 1 Office of Chief Counsel Notice CC-2005-009 May 19, 2005 Subject: Change in Pre-Review Requirements for Suit Letters Requesting Judicial Approval of
More informationALI-ABA Course of Study How To Handle a Tax Controversy at the IRS and in Court: From Administrative Audit Through Litigation
157 ALI-ABA Course of Study How To Handle a Tax Controversy at the IRS and in Court: From Administrative Audit Through Litigation Sponsored with the cooperation of the ABA Section of Taxation June 24-25,
More informationBANKRUPTCY & STUDENT LOANS
BANKRUPTCY & STUDENT LOANS NACUBO Austin, Texas March 12th, 2013 Chad V. Echols Disclaimer This presentation should be construed as an overview of the issues discussed. The presentation is not legal advice
More informationRIGHTS AND RESPONSIBILITIES AGREEMENT BETWEEN CHAPTER 13 DEBTORS AND THEIR ATTORNEYS (Model Retention Agreement)
02/03/04 rev. UNITED STATES BANKRUPTCY COURT NORTHERN DISTRICT OF ILLINOIS In re: Case No. Judge: RIGHTS AND RESPONSIBILITIES AGREEMENT BETWEEN CHAPTER 13 DEBTORS AND THEIR ATTORNEYS (Model Retention Agreement)
More informationINDIVIDUAL CHAPTER 11: A HOW-TO
INDIVIDUAL CHAPTER 11: A HOW-TO Thomas Flynn and Steven Kinsella March 15, 2016 Chapter 11 of title 11 of the United States Code (the Bankruptcy Code ) has never been particularly well-suited to individual
More informationRegulations under IRC Section 7430 Relating to Awards of Administrative Costs and Attorneys Fees
This document is scheduled to be published in the Federal Register on 03/01/2016 and available online at http://federalregister.gov/a/2016-04401, and on FDsys.gov [4830-01-p] DEPARTMENT OF THE TREASURY
More informationCase 2:18-bk ER Doc 811 Filed 11/12/18 Entered 11/12/18 18:30:32 Desc Main Document Page 1 of 6
Main Document Page of SAMUEL R. MAIZEL (Bar No. 0) samuel.maizel@dentons.com JOHN A. MOE, II (Bar No. 0) john.moe@dentons.com TANIA M. MOYRON (Bar No. ) tania.moyron@dentons.com 0 South Figueroa Street,
More informationKuznitsky v U.S. 17 F.3d 1029
Kuznitsky v U.S. 17 F.3d 1029 CLICK HERE to return to the home page Appeal from the United States District Court for the Northern District of Illinois, Eastern Division. Before EASTERBROOK and RIPPLE,
More informationUNITED STATES BANKRUPTCY COURT MIDDLE DISTRICT OF FLORIDA FORT MYERS DIVISION ORDER CONFIRMING PLAN
UNITED STATES BANKRUPTCY COURT MIDDLE DISTRICT OF FLORIDA FORT MYERS DIVISION In Re: Chapter 13 * Case No. Debtor / ORDER CONFIRMING PLAN THIS MATTER came on for a hearing on *, 2006 following the transmittal
More informationCase KKS Doc 174 Filed 02/03/15 Page 1 of 10 UNITED STATES BANKRUPTCY COURT NORTHERN DISTRICT OF FLORIDA PENSACOLA DIVISION
Case 12-31658-KKS Doc 174 Filed 02/03/15 Page 1 of 10 UNITED STATES BANKRUPTCY COURT NORTHERN DISTRICT OF FLORIDA PENSACOLA DIVISION IN RE: KEN D. BLACKBURN, Case No. 12-31658-KKS LAUREN A. BLACKBURN,
More information2014 IRS & CT DRS Update
2014 IRS & CT DRS Update Green & Sklarz LLC www.gs lawfirm.com (203) 285 8545 New Haven ~ Stamford About Us Eric L. Green, Esq Eric is the Chair of the Connecticut Bar Associations Tax Section, and is
More information9.37 ATTEMPT TO EVADE OR DEFEAT INCOME TAX (26 U.S.C. 7201)
9.37 ATTEMPT TO EVADE OR DEFEAT INCOME TAX (26 U.S.C. 7201) The defendant is charged in [Count of] the indictment with [specify charge] in violation of Section 7201 of Title 26 of the United States Code.
More informationThe Federal Payroll Tax Case (Focus on Trust-Fund Recovery Penalty)
The Federal Payroll Tax Case (Focus on Trust-Fund Recovery Penalty) STEPHEN P. KAUFFMAN ESQ. SKEEN & KAUFFMAN 911 N. CHARLES ST. BALTIMORE, MD 21201 SKAUFFMAN@SKAUFFLAW.COM 443.478.3720 Payroll Tax Compliance
More informationThe Audit is Over Now What?
Where Do We Go From Here: A Comparison of Alternatives When You and the IRS Agree to Disagree JENNY LOUISE JOHNSON, Holland & Knight LLP Co-Chair of Tax Controversy Practice CHARLES E. HODGES, Kilpatrick
More informationIRS Wasn't Wrong to Reject Taxpayer Payment Plan that Didn't Pay Off Liability in Ten Years
IRS Wasn't Wrong to Reject Taxpayer Payment Plan that Didn't Pay Off Liability in Ten Years Brown, TC Memo 2016-82 The Tax Court has held that IRS was not wrong to reject, based on several failings by
More informationTax Workers Dealing with the IRS as a Creditor
College of William & Mary Law School William & Mary Law School Scholarship Repository William & Mary Annual Tax Conference Conferences, Events, and Lectures 1991 Tax Workers Dealing with the IRS as a Creditor
More informationConsultation Agreement And Acknowledgement of Receipt of Disclosures and Instructions
Consultation Agreement And Acknowledgement of Receipt of Disclosures and Instructions This Agreement is entered into on, by and between, (hereinafter referred to as the Client whether one or more) and
More informationENTERED TAWANA C. MARSHALL, CLERK THE DATE OF ENTRY IS ON THE COURT'S DOCKET
Case 14-42974-rfn13 Doc 45 Filed 01/08/15 Entered 01/08/15 15:22:05 Page 1 of 12 U.S. BANKRUPTCY COURT NORTHERN DISTRICT OF TEXAS ENTERED TAWANA C. MARSHALL, CLERK THE DATE OF ENTRY IS ON THE COURT'S DOCKET
More informationUNITED STATES BANKRUPTCY COURT DISTRICT OF NEW MEXICO MEMORANDUM OPINION
UNITED STATES BANKRUPTCY COURT DISTRICT OF NEW MEXICO In re: KACHINA VILLAGE, LLC, Case No. 15-10140-t11 Debtor. MEMORANDUM OPINION Before the Court are a secured creditor s motion to designate its collateral
More informationIn re: FRANK DIAGOSTINO and Chapter 13 PATRICIA DIAGOSTINO, Case No Debtors.
UNITED STATES BANKRUPTCY COURT NORTHERN DISTRICT OF NEW YORK In re: FRANK DIAGOSTINO and Chapter 13 PATRICIA DIAGOSTINO, Case No. 06-10384 Debtors. APPEARANCES: JERRY C. LEEK, ESQ. Attorney for the Debtors
More information10 Busted Bankruptcy Myths
10 Busted Bankruptcy Myths Malissa L. Walden MLWalden@WPLawPractice.com Cassie Pfannenstiel Rodriguez CPR@WPLawPractice.com Walden & Pfannenstiel, LLC 11900 W 87 th St Pkwy Ste 125 Lenexa, KS 66215 913-438-1112
More informationBankruptcy And Title Insurance. Joe Reinhardt Regional Counsel Chicago Title Insurance Company
Bankruptcy And Title Insurance Joe Reinhardt Regional Counsel Chicago Title Insurance Company Bankruptcy From Our Perspective Pending bankruptcy of Seller/Borrower Past bankruptcies in the chain Post-closing
More informationFirst Time Abatement (of Penalties) Made Easy Failure To File Failure To Pay Failure To Deposit
First Time Abatement (of Penalties) Made Easy Failure To File Failure To Pay Failure To Deposit Presenter Roger Nemeth, EA & NTPI Fellow President & Developer Audit Detective, LLC Working Undercover Narcotics
More informationOfficial Form 101 Voluntary Petition for Individuals Filing for Bankruptcy 12/15
Document Page 1 of 9 Fill in this information to identify your case: United States Bankruptcy Court for the: DISTRICT OF UTAH Case number (if known) Chapter you are filing under: Chapter 7 Chapter 11 Chapter
More informationFORM CHANGES EFFECTIVE 12/1/15 OUTLINE
FORM CHANGES EFFECTIVE 12/1/15 OUTLINE Prepared by Mary Viegelahn, Chapter 13 Standing Trustee, San Antonio, TX Effective 12/1/15 all but 6 official forms were replaced. A complete explanation of the changes
More informationLIQUIDATION UNDER CHAPTER 7 QUESTIONS AND ANSWERS ABOUT CHAPTER 7 BANKRUPTCIES
LIQUIDATION UNDER CHAPTER 7 QUESTIONS AND ANSWERS ABOUT CHAPTER 7 BANKRUPTCIES 1. What is a chapter 7 bankruptcy case and how does it work? A chapter 7 bankruptcy case is a proceeding under federal law
More informationOfficial Form 410 Proof of Claim 12/15
Case 15-12465-CSS Claim 1-1 Filed 12/08/15 Desc Main Document Page 1 of 3 Fill in this information to identify the case: Debtor 1 Fuhu, Inc., a Delaware corporation Debtor 2 (Spouse, if filing) United
More informationBankruptcy & Child Support: An Introduction
WICSEC Conference September 7th - September 11th, 2008 Bankruptcy & Child Support: An Introduction John Cardoza VCDCSS john.cardoza cardoza@ventura.org What we ll discuss. Bankruptcy Basics Filings Chapter
More informationCHAPTER 13: THE DISCHARGE
CHAPTER 13: THE DISCHARGE American Bankruptcy Institute At the end of the long journey through chapter 13, the debtor will reap the reward of the discharge. 396 Pursuant to 1328(a): [A]s soon as practicable
More informationThe Effect Of Philly News On Credit Bidding
Portfolio Media, Inc. 860 Broadway, 6 th Floor New York, NY 10003 www.law360.com Phone: +1 646 783 7100 reprints@portfoliomedia.com The Effect Of Philly News On Credit Bidding Law360, New York (July 08,
More informationUNITED STATES BANKRUPTCY COURT DISTRICT OF NEW JERSEY
UNITED STATES BANKRUPTCY COURT DISTRICT OF NEW JERSEY Last revised 9/1/10 In Re: Case No.: Judge: Chapter: 13 Debtor(s) Chapter 13 Plan and Motions Original Modified/Notice Required Discharge Sought Motions
More information