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Texas Bankruptcy Legal Resources & Alternatives: The State of Texas has undergone broad-sweeping changes in the law since 2000 - Killer Bee Democrats & lawsuits against Republican legislators for abuse of federal resources to mention only the most notorious news items. Other changes include legislative reforms, as Texas law grows more conservative toward debtors in bankruptcy. The Supreme Court of Texas mirrors this trend through civil opinions that limit or abolish longstanding individual rights. With the current evolution of the Bankruptcy Abuse Prevention and Consumer Protection Acts now pending before both houses of Congress, debtors should expect further restrictions upon protection of individuals by the U.S. Bankruptcy Courts. As an alternative to bankruptcy, debtors may find viable options through third party, commercial services that do not carry the stigma of court ordered relief. The following resources may be worthy of consideration. Note to webmasters: the sites below were reviewed for relevancy and original content. We welcome all sites submissions pertaining to legal and financial issues which are relevant to Texas bankruptcy today.
Texas Bankruptcy Courts - Federal Bankruptcy Code:
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Recent Notable Opinions of the Supreme Court of The United States: Young v. United States, Docket Number: 00-1567 IN THE SUPREME COURT OF THE UNITED STATES, Argued January 9, 2002, Decided March 4, 2002. Cornelius and Suzanne Young failed to include payment with their 1992 income tax return filed on October 15, 1993. After filing Ch. 13, the IRS assessed tax liability and the Ch. 13 case was later dismissed for their inability to pay taxes through the plan. A new case initiated under Ch. 7 resulted in discharge of the Young's debts. Under the Code, the IRS generally maintains a priority for payment for taxes due within three years of filing a petition under 11 USC 507(a)(8)(A)(i). This priority renders recent taxes non-dischargeable according to 11 U.S.C. 523(a)(1)(A). When the IRS subsequently demanded payment after the Ch. 7 discharge, the Youngs filed a motion to reopen their Chapter 7 case and specifically discharge all taxes demanded because liability arose before the 11 U.S.C. 507(a)(8)(A)(i) three-year look-back period. The District Court found for the IRS, holding the look-back period was tolled while the Ch. 13 case was pending, and further concluded the 1992 debt had not been eliminated by the Young's Ch. 7 discharge even though no objection to discharge was filed. The Court of Appeals affirmed. Held: In a unanimous opinion delivered by Justice Antonin Scalia, the Court determined the 11 U.S.C. 507(a)(8)(A)(i) look-back period was tolled during the pendency of the Chapter 13 case upon the filing of the petition. Justice Scalia reasoned the look-back period was tolled by operation of law because the Code does not explicitly prohibit equitable tolling in favor of the IRS. The implication of this decision affects all Texas bankruptcy cases. The look-back period applicable to taxes assessed by the State of Texas are also presumably tolled by initiating any Texas bankruptcy proceeding. The resources we list relate in some way to filing Texas Bankruptcy, whether laws, discharge, reorganization or other topics. Vast bodies of law apply to Texas Bankruptcy proceedings and are incorporated by the courts within each case. As new Texas Bankruptcy laws are enacted each year, the scope of this website continues to grow. |
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