Legal Opinion
Feshbach v. United States Department of Treasury (In re Feshbach)
United States Bankruptcy Court, M.D. Florida
Decided October 17, 2017No. Case No. 08:11-bk-12770-CPM, Case No. 08:11-ap-00803-CPMPublishedCited by 3 opinions
1Opinion of the Court
AMENDED1 MEMORANDUM DECISION ON COMPLAINT TO DETERMINE DISCHARGEABILITY OF DEBT FOR TAXES AND TO SET ASIDE TAX LIENS
Catherine Peek McEwen, United States Bankruptcy Judge
In providing an exception to a discharge in bankruptcy for debtors who do not “make an honest and reasonable effort to comply with the tax laws,”2 the Bankruptcy Code evinces public policy favoring payment of taxes. The Plaintiffs in this proceeding are Matthew L. and Kathleen M. Feshbach, chapter 7 debtors. They seek a determination that their chapter 7 discharge extends to their substantial 2001 federal income tax debt. But…
2Cases cited32 opinions
- United States v. Ron Pair Enterprises, Inc.Supreme Court of the United States · 1989
- Caminetti v. United StatesSupreme Court of the United States · 1917
- Kawaauhau v. GeigerSupreme Court of the United States · 1998
- Norwest Bank Worthington v. AhlersSupreme Court of the United States · 1988
- National Federation of Independent Business v. SebeliusSupreme Court of the United States · 2012
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3Cited by3 opinions
- Kathleen Marie Feshback v. Department of Treasury Internal Revenue ServiceCourt of Appeals for the Eleventh Circuit · 2020
- Terrell v. Internal Revenue Serv. (In re Terrell)United States Bankruptcy Court, W.D. Oklahoma · 2018
- Fernandez v. Internal Revenue ServiceUnited States Bankruptcy Court, M.D. Florida · 2022