Central District Consumer Bankruptcy Attorney's Association

Dear Link,
In In re Hansen, 470 BR 535 (9th Cir. B.A.P. 2012) (http://scholar.google.c
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I seem to remember that once a tax claim is reduced to a judgment it looses it's priority status. In a Ch 7 can be discharged if no assets, no distribution. In a Ch 13 would be paid in same class as other unsecured creditors. If judgment lien then stripped to the value of the debtor's equity in property including real and personal - usually the 401K is the personal property that they are interested in.
Catherine Christiansen
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To: "cdcbaa@yahoogroups.com"
Sent: Sunday, September 23, 2012 10:14 PM
Subject: [cdcbaa] Judgment in Favor of EDD - Priority Claim?
Debtor was sued in Superior Court and a judgment was entered relating to the repayment of unemployment claims in 2010 to the Employment Development Department State of California.
Q1: Is this a priority claim?
Q2: If the Debtors chapter 13 plan provides for this claim but the EDD does not file a proof of claim, will the claim be paid by the trustee?Link Schrader, Attorney
Law Office of Link W. Schrader

The post was migrated from Yahoo.

Debtor was sued in Superior Court and a judgment was entered relating to the repayment of unemployment claims in 2010 to the Employment Development Department - State of California.
Q1: Is this a priority claim?
Q2: If the Debtor's chapter 13 plan provides for this claim but the EDD does not file a proof of claim, will the claim be paid by the trustee? If not, will the debt be discharged?
Link Schrader, Attorney
Law Office of Link W. Schrader

The post was migrated from Yahoo.