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...
From the Editor – Claims
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By The Honorable William Houston Brown (Retired)
Failure to provide notice of correct cure amount required disallowance of claim. HUD’s rules and regulations that were incorporated into the mortgage were binding on both the mortgagor and mortgagee, and when the mortgagee’s notice of intent to foreclose provided incorrect amount needed to cure and reinstate the loan, the creditor had no right to foreclose under applicable state law, with its claim for foreclosure costs disallowed. In re Ruiz, 501 B.R. 76 (Bankr. E.D. Pa. 2013).
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The Honorable William Houston Brown . . .
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