Legal Opinion

In re Garrido-Yarnis

United States Bankruptcy Court, S.D. New York

Decided February 10, 2016No. Case No. 15-35224 (CGM)Published

1Opinion of the Court

MEMORANDUM DECISION DENYING MOTION TO AVOID IRS TAX LIEN

CECELIA G. MORRIS, CHIEF UNITED STATES BANKRUPTCY JUDGE

Before the Court is Debtor’s motion to avoid an Internal Revenue Service (“IRS”) tax lien against the Debtor’s real property. Because the tax lien attaches to real and personal property, Debtor has not met her burden of demonstrating that the tax lien is wholly unsecured and the Court, denies the motion.

Jurisdiction

This Court has subject matter jurisdiction pursuant to 28 U.S.C. § 1334(a), 28 U.S.C. § 157(a) and the Standing Order of Reference signed by Chief Judge Loretta A. Preska…

2Cases cited7 opinions

  1. Dewsnup v. TimmSupreme Court of the United States · 1992
  2. Nobelman v. American Savings BankSupreme Court of the United States · 1993
  3. In Re HammondCourt of Appeals for the Third Circuit · 1994
  4. In Re StroberUnited States Bankruptcy Court, E.D. New York · 1992
  5. Hoekstra v. United States (In Re Hoekstra)District Court, E.D. Virginia · 2000

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