Central District Consumer Bankruptcy Attorney's Association

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 AND CONFIDENTIAL USE OF THE DESIGNATED RECIPIENT(S) NAMED ABOVE. THIS MESSAGE MAY BE AN ATTORNEY-CLIENT COMMUNICATION, AND, AS SUCH, IS PRIVILEGED AND CONFIDENTIAL. IF THE READER OF THIS MESSAGE IS NOT THE INTENDED RECIPIENT OR AN AGENT RESPONSIBLE FOR DELIVERING IT TO THE DESIGNATED RECIPIENT, YOU ARE HEREBY NOTIFIED THAT YOU HAVE RECEIVED THIS E-MAIL IN ERROR, AND THAT ANY REVIEW, DISSEMINATION, DISTRIBUTION OR COPYING OF THIS MESSAGE IS STRICTLY PROHIBITED. IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR, PLEASE NOTIFY US IMMEDIATELY. THANK YOU.
________________________________
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
[mailto:cdcbaa@ yahoogroups. com] On Behalf 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 thattime, 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 toattach 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?
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 SCHWARTZ21031 Ventura Boulevard, 12th FloorWoodland Hills, California 91364-2203Telephone: (818) 226-1205Facsimile: (818) 226-1213THE INFORMATION CONTAINED IN THIS E-MAIL IS INTENDED ONLY FOR THE PERSONAL AND CONFIDENTIAL USE OF THE DESIGNATED RECIPIENT(S) NAMED ABOVE. THIS MESSAGE MAY BE AN ATTORNEY-CLIENT COMMUNICATION, AND, AS SUCH, IS PRIVILEGED AND CONFIDENTIAL. IF THE READER OF THIS MESSAGE IS NOT THE INTENDED RECIPIENT OR AN AGENT RESPONSIBLE FOR DELIVERING IT TO THE DESIGNATED RECIPIENT, YOU ARE HEREBY NOTIFIED THAT YOU HAVE RECEIVED THIS E-MAIL IN
ERROR, AND THAT ANY REVIEW, DISSEMINATION, DISTRIBUTION OR COPYING OF THIS MESSAGE IS STRICTLY PROHIBITED. IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR, PLEASE NOTIFY US IMMEDIATELY. THANK YOU.From: David A. Tilem <DavidTilem@TilemLaw.com>To: cdcbaa@yahoogroups.comSent: Monday, June 1, 2009 5:19:28 PMSubject: 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
The post was migrated from Yahoo.