Legal Opinion

In Re Moser

United States Bankruptcy Court, W.D. New York

Decided August 7, 2006No. 1-16-10925PublishedCited by 2 opinions

1Opinion of the Court

CARL L. BUCKI, Bankruptcy Judge.

The present dispute involves the meaning of “circumstances beyond the control of the debtor,” for purposes of excusing a failure to submit tax returns to a trustee within the time limits established by 11 U.S.C. § 521(e)(2).

The Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 has redefined the duties of a debtor under 11 U.S.C. § 521. For cases filed after October 17, 2005, paragraph (e)(2) imposes obligations for submission of Federal income tax returns. In relevant part, this paragraph states as follows:

(A) The debtor shall provide—(i) not…

2Cases cited2 opinions

  1. In Re GrassoUnited States Bankruptcy Court, D. New Hampshire · 2006
  2. In Re MerrillUnited States Bankruptcy Court, D. New Hampshire · 2006

3Cited by2 opinions

  1. In re Derosa-GrundUnited States Bankruptcy Court, S.D. Texas · 2016
  2. Louviere v. Thompson (In re Thompson)United States Bankruptcy Court, S.D. Texas · 2017

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