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Omitted Debt in No Asset--Creditor Has Levied,=20
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As I recall the problem started with the Seminole Indian Tribe case - we all
started thinking again about Ex Parte Young and then the Katz case was
decided.
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.
Jon Hayes
Sent: Tuesday, June 02, 2009 8:11 AM
To: cdcbaa@yahoogroups.com
Subject: [cdcbaa] Re: 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.
Tilem" wrote:
>
> 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-----
[mailto:cdcbaa@yahoogroups. com] On Behalf
Of
> 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
>
>
>
>
> THE INFORMATION CONTAINED IN THIS E-MAIL IS INTENDED ONLY FOR THE PERSONAL
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PRIVILEGED
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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?
>
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Message
As I recall the problem
started with the Seminole Indian Tribe case - we all started thinking againabout Ex Parte Young and then the Katz case was decided.
David A.
Tilem
Certified Bankruptcy
Specialist*
The post was migrated from Yahoo.