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In re Uzialko

Mar
29
2006
Ruling
Debtor's motion to compel IRS to consider debtor's offer-in-compromise rather than proceed under plan confirmation process was denied.
Procedural posture

Movant chapter 13 debtors filed a motion to compel respondent United States, on behalf of its agency, the IRS to consider an offer-in-compromise submitted by the debtors during the pendency of their bankruptcy case. The court held a hearing on the motion

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opinion summary, case decided on March 29, 2006 , LexisNexis #0606-079
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In re DiPinto

Jan
30
2006
Ruling
Waiver of credit counseling requirement was denied, and the case was dismissed since the debtor had failed to demonstrate that the debtor had sought counseling in advance of filing.
Procedural posture

Debtor filed a chapter 13 petition without having first obtained credit counseling as required by the Bankruptcy Abuse Prevention and Consumer Protection Act. In lieu of a certificate reflecting completion of credit counseling, debtor's counsel filed a request for a waiver of that requirement, pursuant to 11 U.S.C. § 109(h)(3).

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opinion summary, case decided on January 30, 2006 , LexisNexis #0206-053
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Klayman v. United States (In re Klayman)

Oct
21
2005
Ruling
Old tax liability was deemed nondischargeable since the government established debtor had willfully attempted to evade tax payments.
Procedural posture

Plaintiff debtor filed suit against defendant United States for a declaratory judgment pursuant to 28 U.S.C. § 2201(a) that certain tax liability was dischargeable. The debtor proposed to deal with that claim in the instant Chapter 11 case. The government opposed the complaint and moved for summary judgment.

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opinion summary, case decided on October 21, 2005 , LexisNexis #0106-014
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