By Steven L. Walker, Esq. (San Jose, CA) Subchapter V of the newly amended Bankruptcy Code is silent on the question as to whether the debtor-in-possession, or the court appointed trustee, must file the entity’s income tax returns on Form 1065, Form 1120, or Form 1120S. Although the IRS also has not issued any formal guidance, answers can be found...
Critical Case Comment – Graupner v. Nuvell Credit Corporation, 537 F.3d 1295 (11th Cir. 2008)
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Graupner v. Nuvell Credit Corporation, 537 F.3d 1295 (11th Cir. 2008)
“Negative equity” is part of the “purchase price” of a 910 automobile and its existence does not remove the claim from the protection of the “hanging paragraph.”
Summary of the Case
In June of 2005, the debtor purchased a Chevorlet Silverado with a “cash price” of $32,919.12. As part of the transaction, the debtor traded in a 2002 Silverado encumbered with a debt . . .
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