- 11 U.S.C.
Erikson v. United States Dept of Treasury
May
13
2013
Ruling
Proceeding to hold debt to IRS dischargeable dismissed as based on hypothetical injury.
Procedural posture
Joint debtors filed a chapter 7 bankruptcy and scheduled debts including tax obligations owed to defendant creditor, the Internal Revenue Service (IRS). The debtors then filed an adversary proceeding seeking a declaration that such tax debts were dischargeable. The IRS filed a motion to dismiss the adversary proceeding arguing that the matter was not justiciable. The debtors contested the motion.
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Court
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