Central District Consumer Bankruptcy Attorney's Association

Posted: **Thu May 24, 2018 7:23 am**

There is this (In re CVAH, 2017 WL 1684119), out of Idaho. Nothing at the appellate level, so far as I know.- John D. Faucher
s.com>
To: "cdcbaa@yahoogroups.com"
Sent: Thursday, May 24, 2018 12:06 AM
Subject: Re: [cdcbaa] Ch. 7 Trustee ability to "clawback" transfer for IRS
Sent from my iPhone
On May 23, 2018, at 10:44 PM, 'Mark J. Markus' bklawr@yahoo.com [cdcbaa] wrote:
Thanks, I saw that case. Nothing in the 9th Circuit yet?
On 5/23/2018 8:00 PM, Larry Simons larry@lsimonslaw.com [cdcbaa] wrote:
A Trustee can use the IRS clawback powers if the IRS is a creditor. I dont recall seeing language that the payment had to go to the IRS.
Case is out of Florida and is lower level case
Sent from my iPhone
On May 23, 2018, at 6:14 PM, 'Mark J. Markus' bklawr@yahoo.com [cdcbaa] wrote:
ransfer (e.g. transfer made for no consideration) for up to 10 years if it is to pay the IRS.
Is that true and if so, what is the authority? --
*************************
Mark J. Markus
Law Office of Mark J. Markus
Mailing Address Only:
11684 Ventura Blvd. PMB #403
Studio City, CA 91604-2652
(818)509-1173 (818)332-1180 (fax)
web: http://www.bklaw.com/
Certified Bankruptcy Law Specialist--The State Bar of California Board of Legal Specialization
This Firm is a Qualified Federal Debt Relief Agency
________________________________________________
NOTICE: This Electronic Message contains information from the law office of Mark J. Markus that may be privileged. The information is intended for the use of the addressee only. If you are not the addressee, note that any disclosure, copy, distribution or use of the contents of this message is prohibited.
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Mark J. Markus
Law Office of Mark J. Markus
Mailing/Delivery Address Only:
11684 Ventura Blvd. PMB #403
Studio City, CA 91604-2652
(818)509-1173 (818)332-1180 (fax)
web: http://www.bklaw.com/
Certified Bankruptcy Law Specialist- The State Bar of California Board of Legal Specialization
This Firm is a Qualified Federal Debt Relief Agency
________________________________________________
NOTICE: This Electronic Message contains information from the law office of Mark J. Markus that may be privileged. The information is intended for the use of the addressee only. If you are not the addressee, note that any disclosure, copy, distribution or use of the contents of this message is prohibited.
IRS CIRCULAR 230 NOTICE: To ensure compliance with requirements imposed by the IRS, we inform you that any U.S. tax advice contained in this communication (or in any attachment) is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any transaction or matter addressed in this communication.

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Posted: **Wed May 23, 2018 11:06 pm**

Not that Im aware of
Sent from my iPhone
On May 23, 2018, at 10:44 PM, 'Mark J. Markus' bklawr@yahoo.com [cdcbaa] wrote:
Thanks, I saw that case. Nothing in the 9th Circuit yet?
On 5/23/2018 8:00 PM, Larry Simons larry@lsimonslaw.com [cdcbaa] wrote:
A Trustee can use the IRS clawback powers if the IRS is a creditor. I don
Case is out of Florida and is lower level case
Sent from my iPhone
On May 23, 2018, at 6:14 PM, 'Mark J. Markus' bklawr@yahoo.com [cdcbaa] wrote:
I recall reading somewhere that a Trustee can clawback an avoidable transfer (e.g. transfer made for no consideration) for up to 10 years if it is to pay the IRS.
Is that true and if so, what is the authority?
*************************
Mark J. Markus
Law Office of Mark J. Markus
Mailing Address Only:
11684 Ventura Blvd. PMB #403
Studio City, CA 91604-2652
(818)509-1173 (818)332-1180 (fax)
web: http://www.bklaw.com/
Certified Bankruptcy Law Specialist--The State Bar of California Board of Legal Specialization
This Firm is a Qualified Federal Debt Relief Agency
________________________________________________
NOTICE: This Electronic Message contains information from the law office of Mark J. Markus that may be privileged. The information is intended for the use of the addressee only. If you are not the addressee, note that any disclosure, copy, distribution or use of the contents of this message is prohibited.
IRS CIRCULAR 230 NOTICE: To ensure compliance with requirements imposed by the IRS, we inform you that any U.S. tax advice contained in this communication (or in any attachment) is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any transaction or matter addressed in this communication.

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Posted: **Wed May 23, 2018 10:42 pm**

Thanks, I saw that case. Nothing in the 9th Circuit yet?
On 5/23/2018 8:00 PM, Larry Simons larry@lsimonslaw.com [cdcbaa] wrote:
>
>
> A Trustee can use the IRS clawback powers if the IRS is a
> creditor. I don’t recall seeing language that the payment had to
> go to the IRS.
>
> Case is out of Florida and is lower level case
>
> Sent from my iPhone
>
> On May 23, 2018, at 6:14 PM, 'Mark J. Markus' bklawr@yahoo.com
> [cdcbaa] > wrote:
>
>> I recall reading somewhere that a Trustee can clawback an
>> avoidable transfer (e.g. transfer made for no consideration) for
>> up to 10 years if it is to pay the IRS.
>>
>> Is that true and if so, what is the authority?
>>
>> --
>>
>> *************************
>> Mark J. Markus
>> Law Office of Mark J. Markus
>> _*Mailing Address Only:*_
>> 11684 Ventura Blvd. PMB #403
>> Studio City, CA 91604-2652
>> (818)509-1173 (818)332-1180 (fax)
>> web: http://www.bklaw.com/
>> Certified Bankruptcy Law Specialist--The State Bar of California
>> Board of Legal Specialization
>> This Firm is a Qualified Federal Debt Relief Agency
>> ________________________________________________
>> NOTICE: This Electronic Message contains information from the law
>> office of Mark J. Markus that may be privileged. The information
>> is intended for the use of the addressee only. If you are not the
>> addressee, note that any disclosure, copy, distribution or use of
>> the contents of this message is prohibited.
>> IRS CIRCULAR 230 NOTICE: To ensure compliance with requirements
>> imposed by the IRS, we inform you that any U.S. tax advice
>> contained in this communication (or in any attachment) is not
>> intended or written to be used, and cannot be used, for the
>> purpose of (i) avoiding penalties under the Internal Revenue Code
>> or (ii) promoting, marketing or recommending to another party any
>> transaction or matter addressed in this communication.
>>
>>
>> Virus-free. www.avg.com
>>
>>
>>
>
>
>
******************************************
Mark J. Markus
Law Office of Mark J. Markus
_*Mailing/Delivery Address Only:*_
11684 Ventura Blvd. PMB #403
Studio City, CA 91604-2652
(818)509-1173 (818)332-1180 (fax)
web: http://www.bklaw.com/
Certified Bankruptcy Law Specialist- The State Bar of California
Board of Legal Specialization
This Firm is a Qualified Federal Debt Relief Agency
________________________________________________
NOTICE: This Electronic Message contains information from the law
office of Mark J. Markus that may be privileged. The information is
intended for the use of the addressee only. If you are not the
addressee, note that any disclosure, copy, distribution or use of
the contents of this message is prohibited.
IRS CIRCULAR 230 NOTICE: To ensure compliance with requirements
imposed by the IRS, we inform you that any U.S. tax advice contained
in this communication (or in any attachment) is not intended or
written to be used, and cannot be used, for the purpose of (i)
avoiding penalties under the Internal Revenue Code or (ii)
promoting, marketing or recommending to another party any
transaction or matter addressed in this communication.
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Posted: **Wed May 23, 2018 8:00 pm**

A Trustee can use the IRS clawback powers if the IRS is a creditor. I don
Case is out of Florida and is lower level case
Sent from my iPhone
On May 23, 2018, at 6:14 PM, 'Mark J. Markus' bklawr@yahoo.com [cdcbaa] wrote:
I recall reading somewhere that a Trustee can clawback an avoidable transfer (e.g. transfer made for no consideration) for up to 10 years if it is to pay the IRS.
Is that true and if so, what is the authority?
*************************
Mark J. Markus
Law Office of Mark J. Markus
Mailing Address Only:
11684 Ventura Blvd. PMB #403
Studio City, CA 91604-2652
(818)509-1173 (818)332-1180 (fax)
web: http://www.bklaw.com/
Certified Bankruptcy Law Specialist--The State Bar of California Board of Legal Specialization
This Firm is a Qualified Federal Debt Relief Agency
________________________________________________
NOTICE: This Electronic Message contains information from the law office of Mark J. Markus that may be privileged. The information is intended for the use of the addressee only. If you are not the addressee, note that any disclosure, copy, distribution or use of the contents of this message is prohibited.
IRS CIRCULAR 230 NOTICE: To ensure compliance with requirements imposed by the IRS, we inform you that any U.S. tax advice contained in this communication (or in any attachment) is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any transaction or matter addressed in this communication.

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Posted: **Wed May 23, 2018 7:04 pm**

Its in the IRC. The trustee uses the IRS as the creditor and uses BC 544 strong arm powers. I have an adversary complaint the asserts this claim. Will forward to you in the morning.
Law Office of Eric Alan Mitnick
21515 Hawthorne Boulevard, Ste. 1080
Torrance, CA 90503
(310) 792-5864 (tel)
(310) 347-4353 (fax)
MitnickLaw@aol.com
Sent from my iPhone
> On May 23, 2018, at 4:22 PM, 'Mark J. Markus' bklawr@yahoo.com [cdcbaa] wrote:
>
> I recall reading somewhere that a Trustee can clawback an avoidable transfer (e.g. transfer made for no consideration) for up to 10 years if it is to pay the IRS.
>
> Is that true and if so, what is the authority?
>
> --
>
> *************************
> Mark J. Markus
> Law Office of Mark J. Markus
> Mailing Address Only:
> 11684 Ventura Blvd. PMB #403
> Studio City, CA 91604-2652
> (818)509-1173 (818)332-1180 (fax)
> web: http://www.bklaw.com/
> Certified Bankruptcy Law Specialist--The State Bar of California Board of Legal Specialization
> This Firm is a Qualified Federal Debt Relief Agency
> ________________________________________________
> NOTICE: This Electronic Message contains information from the law office of Mark J. Markus that may be privileged. The information is intended for the use of the addressee only. If you are not the addressee, note that any disclosure, copy, distribution or use of the contents of this message is prohibited.
> IRS CIRCULAR 230 NOTICE: To ensure compliance with requirements imposed by the IRS, we inform you that any U.S. tax advice contained in this communication (or in any attachment) is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any transaction or matter addressed in this communication.
>
> Virus-free. www.avg.com
>

The post was migrated from Yahoo.

Posted: **Wed May 23, 2018 4:22 pm**

I recall reading somewhere that a Trustee can clawback an avoidable
transfer (e.g. transfer made for no consideration) for up to 10
years if it is to pay the IRS.
Is that true and if so, what is the authority?
*************************
Mark J. Markus
Law Office of Mark J. Markus
_*Mailing Address Only:*_
11684 Ventura Blvd. PMB #403
Studio City, CA 91604-2652
(818)509-1173 (818)332-1180 (fax)
web: http://www.bklaw.com/
Certified Bankruptcy Law Specialist--The State Bar of California
Board of Legal Specialization
This Firm is a Qualified Federal Debt Relief Agency
________________________________________________
NOTICE: This Electronic Message contains information from the law
office of Mark J. Markus that may be privileged. The information is
intended for the use of the addressee only. If you are not the
addressee, note that any disclosure, copy, distribution or use of
the contents of this message is prohibited.
IRS CIRCULAR 230 NOTICE: To ensure compliance with requirements
imposed by the IRS, we inform you that any U.S. tax advice contained
in this communication (or in any attachment) is not intended or
written to be used, and cannot be used, for the purpose of (i)
avoiding penalties under the Internal Revenue Code or (ii)
promoting, marketing or recommending to another party any
transaction or matter addressed in this communication.
This email has been checked for viruses by AVG.
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