Legal Opinion

In re Cohen

United States Bankruptcy Court, C.D. California

Decided November 13, 2014No. 2:13-bk-26483-NBPublished

1Opinion of the Court

MEMORANDUM DECISION ON “ISSUE 1” RELATED TO WHETHER IRS CLAIM IS A COMMUNITY CLAIM

NEAL W. BASON, Bankruptcy Judge.

I. INTRODUCTION

Tax debts that arise during marriage are “community claims” in bankruptcy parlance, and they are payable from community property. In this case the debtor’s wife argues that her interest in community property somehow ceased to be liable for those tax debts because, after she separated from the debtor, he entered into a settlement with the Internal Revenue Service (“IRS”). She cites no authority that is on point, and this court rejects her arguments. This court also…

2Cases cited32 opinions

  1. Butner v. United StatesSupreme Court of the United States · 1979
  2. Northern Pipeline Construction Co. v. Marathon Pipe Line Co.Supreme Court of the United States · 1982
  3. Stern v. MarshallSupreme Court of the United States · 2011
  4. In Re Pacor, Inc. v. John Higgins, Jr. And Louise HigginsCourt of Appeals for the Third Circuit · 1984
  5. Granfinanciera, S.A. v. NordbergSupreme Court of the United States · 1989

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