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Omitted Debt in No Asset--Creditor Has Levied, Refuses to
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How about a motion to reopen the case for purposes of enforcing the
discharge injunction - lay out your arguments and serve NY. They may get
the message if your brief is sufficiently robust. If not, you have opened
the door to seeking further relief. The problem here is the sovereign
immunity issue.
David A. Tilem
Certified Bankruptcy Specialist*
Law Offices of David A. Tilem (a debt relief agency)
206 N. Jackson Street, #201, Glendale, CA 91206
Tel: 818-507-6000 Fax: 818-507-6800
* Bankruptcy specialist cert. by State Bar of CA Bd of Legal
Specialization.
Kenneth Schwartz
Sent: Monday, June 01, 2009 4:48 PM
To: cdcbaa@yahoogroups.com
Subject: [cdcbaa] Omitted Debt in No Asset--Creditor Has Levied, Refuses to
Release
Potential client filed a 2003 no asset Chapter and was discharged. At that
time, he owed New York State @ $25,000 in income taxes for 1989. The return
was timely filed. The State filed a tax lien in 1994, but even as of the
date of the Chapter 7, there was no property for it to attach to. By every
analysis, the debt was discharged in personam, and since there was nothing
for a lien to attach to, that should have been the end of the story.
Debtor's 2003 filing failed to schedule the debt to the State of New York.
Today, Debtor had his brokerage account [ an account that is less than 2
years old] levied upon by the State of New York [approximately $75,000], and
despite being directed to the In re Beezley decision, it has refused to let
loose of the money.
The 2003 Judge was VZ. Query, is there a quick remedy available so this
guy's financial is not ruined while an adversary action is being prosecuted?
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Message
How about a motion to
reopen the case for purposes of enforcing the discharge injunction - lay out
your arguments and serve NY. They may get the message if your brief is
sufficiently robust. If not, you have opened the door to seeking further
relief. The problem here is the sovereign immunity
issue.
David A.
Tilem
Certified Bankruptcy
Specialist*
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