Debtor 1 and Debtor 2 Separated and each are
Posted: Tue May 24, 2016 3:04 pm
If they filed a joint return for that tax year, the liability is joint and several. If you file one case for them, it's one tax liability. If you file two cases, it's two tax liabilities of the same amount. The question is really whether you can double the liability in one case; I don't believe you can.US Trustee doesn't have the right to split the tax liability, because each of the two owes it all. But in one case, they owe it only once.rather than one case.
- John D. Faucher818/889-8080
On Tuesday, May 24, 2016 2:52 PM, "'Steven B. Lever' sblever@leverlaw.com [cdcbaa]" wrote:
Dear List Mates: I am representing a separated couple.ally. This is important because one debtor would be ineligible for Chapter 7 unless that was the case. However, adding up consumer debt vs. tax debt in the case as a whole tax debt is less than consumer debt.o could the UST argue that they should split that tax debt, thereby making it a consumer case? So the main question is, can I rely on them treating the debtors individually instead of jointly? 11 U.S.C. 707(b) seems to take it debtor by debtor, (b)(1) After notice and a hearing, the court, on its own motion or on a motion by the United States trustee, trustee (or bankruptcy administrator, if any), or any party in interest, may dismiss a case filed by an individual debtor under this chapter whose debts are primarily consumer debts, or, with the debtors consent, convert such a case to a case under chapter11ould be an abuse of the provisions of this chapter. In making a determination whether to dismiss a case under this section, the court may not take into consideration whether a debtor has made, or continues to make, charitable contributions (that meet the definition of charitable contribution under section 548(d)(3)) to any qualified religious or charitable entity or organization (as that term is defined in section 548(d)(4)). er (Tel. (562) 436-5456 ext. 1 (Fax (562) 485-6886 *sblever@leverlaw.com ************************************** This Internet e-mail contains confidential information which is intended only for the addressee and which may be privileged under applicable law. Do not read, copy or disseminate it if you are not the addressee. If you have received this message in error, please notify the sender immediately and delete it. Thank you. ****************************************************** #yiv7888826211
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