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Recent Bankruptcy Reform questions
I have missed my deadline for BK filing of missing doc b6 summary
I have missed my deadline for BK filing of missing doc b6 summary by 4 days.the case was dismissed only yesterday... the clerk tells me the motion to re-open is only for the debtor class cert... she also says the case has not been closed yet, and that an appeal would not be appropriate either... I am considering filing the motion to re-open with an I was sick in bed for 4 days excuse.Question:will this get thrown out? If so, what would be an acceptable reason?
I have received the following from a local atty. He cites
I have received the following from a local atty. He cites several cases, do you want me to send them all. I included one.The time limitations are tolled. Before 2005, the federal courts were in general agreement that, even though 11 U.S.C. Sec. 507(a)(7) did not contain a tolling provision, in most cases the court would impose one under their equitable powers. Attached is a case that summarizes the state of the law before 2005. In 2005 Congress amended the Bankruptcy Code to make the tolling explicit. 11 U.S.C. Sec. 507(a)(8)(A)(ii)(II). Attached is a recent case discussing this issue. Thus, it is clear that the tax claims were tolled, for priority purposes, from 2007 until plan confirmation in May of 2011.. United States Bankruptcy Court,D. Kansas.In re James C. MONTGOMERY and Sapora M. Turner–Montgomery, Debtors.No. 10–20869.Feb. 7, 2011.Background: Chapter 13 debtor with history of prior bankruptcy filings objected to priority tax claim filed by the Internal Revenue Service (IRS), as well as to interest claimed by the IRS on its secured claim, and dispute arose as to proper construction of suspension paragraph of tax priority provision.Holdings: The Bankruptcy Court, Dale L. Somers, J., held that:(1) suspension paragraph did not require addition of multiple 90-day periods for each period in which stay or confirmed plan prevented taxing authority from collecting taxes, and(2) to extent that the IRS was entitled to interest on its secured claim, interest had to be determined under applicable nonbankruptcy law. Objection sustained as to priority question; judgment for IRS on interest question.West Headnotes Bankruptcy 51 2954.151 Bankruptcy 51VII Claims 51VII(F) Priorities 51k2954 Governmental Claims; Taxes 51k2954.1 k. In general. Most Cited Cases Congress intended the three-year “lookback” pe-riod for priority of certain tax claims to reflect balance between competing interests of debtor, taxing author-ity, and other creditors. 11 U.S.C.A. § 507(a)(8)(A)(i). Bankruptcy 51 2954.151 Bankruptcy 51VII Claims 51VII(F) Priorities 51k2954 Governmental Claims; Taxes 51k2954.1 k. In general. Most Cited Cases Suspension paragraph of tax priority provision, in requiring suspension of three-year “lookback” period for “any time during which [automatic] stay was in effect in a prior case under this title or during which collection was precluded by the existence of one or more confirmed plans under this title, plus 90 days,” did not require addition of multiple 90-day periods for each period in which stay or confirmed plan prevented taxing authority from collecting taxes, but addition of only one 90-day period to sum total of any such sus-pension periods; phrase “plus 90 days,” being sepa-rated from what preceded it by comma, had to be construed as standing independent from what pre-ceded it. 11 U.S.C.A. § 507(a)(8)(A)(i), (a)(8)(G). Statutes 361 188361 Statutes 361VI Construction and Operation 361VI(A) General Rules of Construction 361k187 Meaning of Language 361k188 k. In general. Most Cited Cases On questions of statutory interpretation, court starts with language of statute itself. Statutes 361 188361 Statutes 361VI Construction and Operation 361VI(A) General Rules of Construction 361k187 Meaning of Language 361k188 k. In general. Most Cited Cases Court interprets language of statute in accordance with its plain meaning. Bankruptcy 51 334151 Bankruptcy 51X Discharge 51X(C) Debts and Liabilities Discharged 51X(C)1 In General 51k3341 k. In general. Most Cited Cases Bankruptcy 51 3403(1)51 Bankruptcy 51X Discharge 51X(D) Determination of Dischargeability 51k3401 Evidence 51k3403 Presumptions and Burden of Proof 51k3403(1) k. In general. Most Cited Cases Exceptions to discharge are to be narrowly con-strued, and doubts are to be resolved in debtor's favor. 11 U.S.C.A. § 523(a). Bankruptcy 51 283051 Bankruptcy 51VII Claims 51VII(A) In General 51k2830 k. Tax claims. Most Cited Cases Bankruptcy 51 2835.151 Bankruptcy 51VII Claims 51VII(A) In General 51k2835 Interest 51k2835.1 k. In general. Most Cited Cases To extent that the Internal Revenue Service (IRS) was entitled to interest on its secured claim, interest had to be determined under applicable nonbankruptcy law. 11 U.S.C.A. § 511(a).*476 Harris J. Phillips, U.S. Department of Justice, Tax Div., Washington, DC, David D. Zimmerman, U.S. Attorney's Office, Kansas City, KS, for IRS.David A. Reed, Kansas City, KS, for James C
I filed a Chapter 7 in Sept, 2008. About 2 days before it
I filed a Chapter 7 in Sept, 2008. About 2 days before it was to be discharged, the Trustee called my attorney and said that an anonymous caller had called him and told him I had hidden 120,000 in my Mother's bank account. Nothing could have been further from the truth. By providing bank statements for 12 months prior to the file date, I proved to the Trustee that the caller clearly lied. My attorney did not want me to ask the Trustee for the caller's phone number. I followed his advice and the discharge was granted in April, 2009. I would like to hire an attorney to go to the Trustee's office and ask to see the file, hoping that there will be some notes of the conversation. Do I have a right to see my file? If the Trustee says this is my work file and you can't see it, is that true?
On Tuesday we received our discharge of Chapter 7 Bankruptcy
On Tuesday we received our discharge of Chapter 7 Bankruptcy letter from the court. On that same day Ford Motor Co. repossed my vehicle. This came as a great shock as we are paid ahead on our monthly payments. I called Ford as the repo men were still here and ford said our lawyerfailed to reaffirm the loan with the correct paperwork. Our lawyer says ford did not send them the reaffirmation form that is why it was not sent to us for signatures. Ford Mo. Co. says that our lawyer failed to advise them of our intent and that is why they did not send the reaffirmation form.In the mean because of the holidays we are without our car for a least a week and we will be the ones to have to pay fees to get the car back from the repo site after our lawyers and ford lawyers get the proper paperwork done. Our lawyer says that even if ford did not have there reaffirmation papers how much more affirmation did they need then our payments and by accepting the payment they have comitted fraud. that they can't have it both ways our money an
I am a process Server. I have executed a Writ of Execution
I am a process Server. I have executed a Writ of Execution on a small business, I have all the levy property in my possession. The Defendant has filed for Bankruptcy 3 days after I seized the property. Is there anything in the 2005 Bankruptcy Reform act that prevents them from getting a stay and requiring me to return the property to the defendants trustee? If I have to return the seized property can I force the Plaintiff to pay my fees and costs incurred or am I just stuck?
I filed bankruptcy Nov 2004 and was granted full discharge
I filed bankruptcy Nov 2004 and was granted full discharge under chapter 7 Jan 4, 2005 of all debts listed, however there was one debt not listed (unscheduled debt) because a friend who loaned me $25000. to purchase a business asked me not to and I didn't. Now in 2009 she is sueing me for non payment at all of the promissory note dated October 2001. I have paid nothing on this note as the business did not work and was closed. Can I now ask the bankruptcy court to discharge this unscheduled debt? Am I in trouble for not listing it?
Hi i currently am laid off from General Motors and after my
Hi i currently am laid off from General Motors and after my sub-pay and unemployment runs out in about 46 weeks the only option me and my wife may have to do is go into bankruptcy. What r the bankruptcy laws and should i be looking into it now?
I have a loan on my 401k wich gets paid from my payrollcheckView more bankruptcy law questions
I have a loan on my 401k wich gets paid from my payrollcheck in biweekly basis, I did not included in the matrix list, Should I include it in my schedule F? I do want to keep paying it, is it possible? or would it affect my peticion altogether.