The amendments to the Bankruptcy Rules that took effect on December 1, 2024, are primarily stylistic, but they do include a few substantive changes. More controversial changes are in the pipeline for December 2025, however, with significant changes to Rule 3002.1 proposed.
Critical Case Comment
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By Henry E. Hildebrand, III, Chapter 13 Standing Trustee for the Middle District of Tennessee (Nashville)
Mallo v. Internal Revenue Service, 774 F.3d 1313 (10th Cir. December 29, 2014). A debtor’s filing of an untimely 1040 tax return form, filed after the Internal Revenue Service has already assessed a tax liability, is not a tax return for purposes of § 523(a)(1).
Case Summary
In consolidated cases, the debtors did not file tax returns for the years 2000 and 2001 which led to the Internal Revenue Service involuntarily assessing taxes in 2005. The Internal . . .
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