Last question .. BTW
Thank you sooo much for your help!!!
Are they only trying to get the tax portion or ? I couldn't post all of this in the orginal question.. Again thanks. Here is the entire motion to reopen.
Chapter 7 Case. In support thereof, XXXXXX would show the following:
1. Prior to November 2007, xxxx provided payroll services to the
Defendants. Defendants failed to pay xxxx for amounts XXXXXX paid to the Internal
Revenue Service on the Defendants’ behalf.
2. On November 20, 2007, xxxxx sued, among others, the Debtor for wages
earned by individuals from the Debtor’s business in the state court suit styled xxxxxx
, Inc. v. xxxxxxME, individually, and d/b/a mycompany
- 2 -
State District Court, County of XXXX
3. The sums sued for include debts for payroll withholding taxes paid by XXXXX
to the Internal Revenue Service on behalf of the Defendants. The debt owed to XXXXX is a non-dischargeable debt under 11 U.S.C. §§ 507(a)(8)(C) and 523(a)(1).
4. On May 28, 2009, Debtor ME.. filed his Chapter 7 bankruptcy. On
September 10, 2009, Debtor received his Chapter 7 discharge.
5. Post-discharge, XXXXX attended a status conference held in the State Court
Suit in which the State Court requested that XXXXX get leave of the Bankruptcy Court to
proceed with the State Court Suit.
6. XXXXXX files this Motion To Re-Open Case in order to obtain the requested
leave to proceed with the State Court Suit.