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Omitted Debt in No Asset--Creditor Has Levied, Refuses to Release
Take a look at
Central Virginia Community College v. Katz, 546 U.S. 356 (2006)
Issue: Does the bankruptcy clause in Article One of the constitution, by itself, abrogate state sovereign immunity?
Held: Yes. Section 106 which purports to abrogate sovereign immunity is superfluous.
>
> I remember that case - from law school. Hey wait a minute, you were in my
> class......
> The Ex Parte Young doctrine was much discussed a few years ago. I think it
> will work, but I don't remember the specifics of that discussion. Perhaps
> someone like Dennis has a better memory of the subject.
>
> 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.
> Business bankruptcy specialist cert. by Amer. Bd. of Certification
>
>
> -----Original Message-----
> Kenneth Jay Schwartz
> Sent: Monday, June 01, 2009 5:30 PM
> To: cdcbaa@yahoogroups.com
> Subject: Re: [cdcbaa] Omitted Debt in No Asset--Creditor Has Levied, Refuses
> to Release
>
>
>
>
>
>
> Thanks David. Is a way around the sovereign immunity issue to name the tax
> collector by name, as opposed to the entity?
>
>
> Kenneth Jay Schwartz, Esq.
> LAW OFFICE OF KENNETH JAY SCHWARTZ
> 21031 Ventura Boulevard, 12th Floor
> Woodland Hills, California 91364-2203
> Telephone: (818) 226-1205
> Facsimile: (818) 226-1213
>
>
>
>
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>
> _____
>
> To: cdcbaa@yahoogroups.com
> Sent: Monday, June 1, 2009 5:19:28 PM
> Subject: RE: [cdcbaa] Omitted Debt in No Asset--Creditor Has Levied, Refuses
> to Release
>
>
>
> 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.
> Business bankruptcy specialist cert. by Amer. Bd. of Certification
>
>
> -----Original Message-----
Of
> 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?
>
The post was migrated from Yahoo.
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?
The post was migrated from Yahoo.