| Tax Claims |
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| The treatment of tax debts in bankruptcy proceedings is an attempt to reconcile two conflicting policies. The first policy concerns the government's interest in collecting taxes. The second policy concerns the fresh start that bankruptcy is to give honest debtors. Under the Bankruptcy Code, a debtor's ability to discharge any tax debt is based upon the classification of that particular tax debt. More... |
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| Case Commencement |
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| Under the Bankruptcy Code, a voluntary or involuntary case is commenced by filing a petition with the bankruptcy court. A Chapter 7 or 11 bankruptcy case may be initiated by a voluntary filing by the debtor or by an involuntary filing by the debtor's creditors. Cases under all other chapters may be initiated only by a voluntary petition. More... |
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| Use, Sale, or Lease of Property |
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| The Bankruptcy Code governs the use, sale, or lease of property in bankruptcy. The trustee may use, sell, or lease the property of the estate other than in the ordinary course of business only after notice and a hearing. If the business of the debtor is authorized to be operated under Chapter 7, Chapter 11, Chapter 12, or Chapter 13, the trustee or debtor-in-possession may, without notice or hearing, use, sell, or lease property of the estate in the ordinary course of business. More... |
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| Setoffs in Bankruptcy |
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| Setoff is an equitable right of a creditor to deduct a debt it owes to the debtor from a claim it has against the debtor arising out of a separate transaction. The Bankruptcy Code is not an independent source of law that authorizes a setoff; it recognizes and preserves rights that exist under non-bankruptcy law. More... |
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| The "Clean Slate" of Chapter 7 Bankruptcy |
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| What is Chapter 7 bankruptcy? More... |
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