Legal Opinion

Brickley v. United States (In Re Brickley)

United States Bankruptcy Appellate Panel for the Ninth Circuit

Decided December 17, 1986No. Bankruptcy No. 85-03373, Adv. No. A84-0742PublishedCited by 71 opinions

1Per curiam

I

The Debtors appeal from a ruling that their liability for 1979 and 1980 income taxes is not discharged.

Paraphrasing 11 U.S.C. § 523(a)(1)(A), a debtor who has filed non-fraudulent tax returns may discharge tax liabilities except for amounts due within three years prior to the date of filing. In this case the Debtors were in a Chapter 13 case for almost three years before dismissing the Chapter 13 and subsequently filing a Chapter 7 case.

The issue is whether the time the government’s collection efforts were stayed by reason of the pending Chapter 13 case should be taken into account in…

2Cases cited8 opinions

  1. Associates Financial Services Corp. v. Cowen (In Re Cowen)United States Bankruptcy Court, S.D. Ohio · 1983
  2. Wilkey v. Union Bank & Trust Co. (In Re Baird)United States Bankruptcy Court, W.D. Kentucky · 1986
  3. In Re BumpassUnited States Bankruptcy Court, S.D. New York · 1983
  4. In Re HeywoodUnited States Bankruptcy Court, W.D. New York · 1984
  5. McCoy v. Grinnell (In Re Radcliffe's Warehouse Sales, Inc.)United States Bankruptcy Court, W.D. Washington · 1983

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3Cited by71 opinions

  1. In Re Ralph E. Taylor, Debtor. Ralph E. TaylorCourt of Appeals for the Third Circuit · 1996
  2. In Re William E. Richards, Debtor, United States of America v. William E. RichardsCourt of Appeals for the Tenth Circuit · 1993
  3. In Re William Winston Waugh, Debtor. William Winston Waugh v. Internal Revenue ServiceCourt of Appeals for the Eighth Circuit · 1997
  4. In Re Henry E. Montoya, M.D. And Juanita F. Montoya, Debtors. Henry E. Montoya, M.D. And Juanita F. Montoya v. United StatesCourt of Appeals for the Seventh Circuit · 1992
  5. In Re Wesley G. Harline, Debtor. David L. Gladwell, Trustee v. Wesley G. HarlineCourt of Appeals for the Tenth Circuit · 1991

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