- 11 U.S.C.
Goins v. Department of Treasury Internal Serv. (In re Goins)
Oct
04
2010
Ruling
Trust fund recovery penalty taxes were nondischargeable.
Procedural posture
The matter before the court was Count II of plaintiff debtor's Complaint to Determine Nature, Validity, Priority and Dischargeability of Debt, and defendant United States' (Department of the Treasury Internal Revenue Service's) Motion to Dismiss and Abstain.
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Court
:
- 11 U.S.C.
Bisch v. IRS (In re Bisch)
Sep
29
2010
Ruling
Three-year look back period for exception of income taxes from discharge is triggered on date tax return was last due.
Procedural posture
The matter before the court for decision was plaintiff debtors' Complaint to Obtain Discharge of Back Taxes Due to defendant Internal Revenue Service (IRS). The dispute in this case was whether the debt for debtors' income taxes, interest and penalties for 2005 was dischargeable.
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Court
:
- 11 U.S.C.
In re Albert Lindley Lee Mem. Hosp.
May
07
2010
Ruling
State's reimbursement claim for unemployment insurance compensation benefits was an excise tax entitled to priority.
Procedural posture
Debtor filed an Objection to Claim No. 179 filed by a claimant, the New York State Department of Labor, Unemployment Insurance Division.
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Court
:
- 11 U.S.C.
Abir v. United States (In re Abir)
Feb
01
2010
Ruling
Tax liabilities were excepted from discharge where prior bankruptcy case had stayed collection for more than three years prior to petition date.
Procedural posture
Chapter 7 debtors commenced an adversary proceeding against defendants, the United States of America, Department of Treasury and the Internal Revenue Service (IRS), seeking a determination that their federal income tax obligations for the years 2000 through 2004 were dischargeable. The IRS argued that the tax obligations were excepted from discharge under 11 U.S.C.S. § 507(a)(8)(A)(i) or alternatively, 11 U.S.C.S. § 524(a)(1)(C).
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Court
:
- 11 U.S.C.
Cal. Franchise Tax Bd. V. Jones (In re Jones)
Nov
24
2009
Ruling
Bankruptcy court did not err in holding that confirmed plan in prior case did not toll three- year lookback period for postpetition state tax.
Procedural posture
Appellant, state taxing authority, sought review of an order of the bankruptcy court for the Northern District of California, that denied its motion to hold the taxpayer- debtor's state tax obligation was nondischargeable under 11 U.S.C.S. § 507(a)(8)(A)(i).
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Court
:
Judge or Jurisdiction information not available
- 11 U.S.C.
California Self-Insurance Sec. Fund v. Lorber Indus. of Cal. (In re Lorber Indus. of Cal.)
May
04
2009
Ruling
Claim of state self-insurers' fund was not an excise tax and not entitled to priority.
Procedural posture
Appellant the California Self-Insurers' Security Fund sought review of a decision of the bankruptcy appellate panel, which held that the claim asserted by the fund in appellee debtor's chapter 11 case was an excise tax that was not entitled to priority, and held that the date of the relevant transaction was the date of the debtor's default on its self-insurance obligations.
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Court
:
Judge or Jurisdiction information not available
- 11 U.S.C.
In re First Magnus Fin. Corp.
Feb
25
2009
Ruling
County that did not receive notice of bankruptcy could file late proof of claim based on personal property tax lien.
Procedural posture
Before the court was the contested Motion for Late Filing and Allowance of Proof of Claim and Notice of Tax Lien on behalf of Travis County, Texas, and other taxing authorities in Travis County. The County contended that it was a secured creditor, by virtue of a statutory lien for unpaid 2007 personal property taxes in the amount of $ 14,388, and was an 11 U.S.C.S. § 507(a)(8) priority creditor for any unsecured amount of such claim.
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Court
:
- 11 U.S.C.
In re Mitchell
Nov
17
2008
Ruling
County fee that was not designated as a tax was not entitled to priority treatment.
Procedural posture
A debtor filed for relief under chapter 13 of the Bankruptcy Code. A county agency filed an amended proof of claim asserting that its claim was a priority tax claim under 11 U.S.C.S. § 507(a)(8), the debtor filed an objection to the amended proof of claim.
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Court
:
- 11 U.S.C.
In re Belden Locker Co.
Mar
21
2008
Ruling
Tax claim of state workers' compensation bureau was an excise tax entitled to administrative priority.
Procedural posture
Chapter 11 debtor sought partial summary judgment on the issue of the character and priority under 11 U.S.C.S. § 507(a)(8)(E) of two of the claims filed by the Ohio Bureau of Workers' Compensation (OBWC). The OBWC sought partial summary judgment on the issues of administrative priority under 11 U.S.C.S. § 503(b)(1)(A) and a determination of the allowed amount of the second of the two claims at issue.
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Court
:
- 11 U.S.C.
California Self-InsurersSec. Fund v. Lorber Indus. (In re Lorber Indus.)
Jul
16
2007
Ruling
Claim by state workers'compensation security fund was an excise tax but not entitled to priority status.
Procedural posture
Appellee chapter 11 debtor defaulted on its self-insured workers'compensation obligations. Appellant California Self-Insurers'Security Fund ("Fund") filed a claim for sums it expected to pay workers injured during the three years prepetition. The Fund argued its claim was an excise tax under 11 U.S.C. § 507(a)(8)(E). The Bankruptcy Court for the Central District of California denied priority treatment. Cross-appeals were filed.
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