Do I Need to Reopen Case for Dischargeability action =
Posted: Thu May 14, 2015 3:33 pm
If the assessment is after the discharge, I don't see how the taxes are dischargeable. Under 507a8Aiii, taxes that were not assessed as of the petition date, but assessable after the petition date, are priority taxes; and priority taxes listed under 507a8 are not dischargeable under 523a1A. - John D. Faucher818/889-8080
On Thursday, May 14, 2015 3:25 PM, "'Vernon L. Ellicott, Esq.' vle@vlelaw.com [cdcbaa]" wrote:
Thanks. The FTB assessment was two years after the discharge. Vernon L. Ellicott, Esq. Certified Family Law Specialist California State Bar Board of Legal Specialization Family Law, Bankruptcy and Estate Planning Law Offices of Vernon L. Ellicott 325 E. Hillcrest Drive, Suite 1509 Valencia, CA 91355 (805) 446-6262 Phoneus e-mail messages attached to it, may contain confidential information from the LAW OFFICES OF VERNON L. ELLICOTT that is legally privileged. If you are not the intended recipient, or a person responsible for delivering it to the intended recipient, you are hereby notified that any disclosure, copying, distribution or use of any of the information contained in or attached to this message is STRICTLY PROHIBITED. If you received this transmission in error, please immediately notify us by reply e-mail, or by telephone at (805) 446-6262, and destroy the original transmission and its attachments and all copies of any kind, without reading them or saving them in any way. Thank you. A bad day on the bike is better than a[mailto:cdcbaa@yahoogroups.com]
Sent: Thursday, May 14, 2015 2:42 PM
To: cdcbaa@yahoogroups.com
Subject: Re: [cdcbaa] Do I Need to Reopen Case for Dischargeability action after Discharge? Yes, you must file a Motion to Reopen the case but pursuant to FRBP 4007(b) no fee is required.
However, be very careful (Rule 9011 careful) because if the FTB hadn't assessed the taxes sufficiently far prepetition, they were not dischargeable.t via fax at (916)-845-9799.
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On 5/14/2015 1:39 PM, vle@vlelaw.com [cdcbaa] wrote:
Client receives ch 7 discharge in no asset casein 2012. Doesn't know he owes taxes to FTB (which are clearly dischargeable), so he doesn't list FTB on Schedules. Two years later, FTB does an assessment and client first learns he owes FTB taxes. I want to file dischargeability action against FTB. I have not been able to figure out if I need to reopen the case to file the dischargeability action or not. Do I need to reopen before filing dischargeability action? Thanks. State Bar Board of Legal Specialization Family Law, Bankruptcy and Estate Planning Law Offices of Vernon L. Ellicott 325 E. Hillcrest Drive, Suite 150A 91355 (805) 446-6262 Phone
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