9th Circ. Rejects Tax Lien Pro Rata Share In Bankruptcy Sale

The bankruptcy court is not authorized to use the pro rata method to allocate proceeds between the IRS and an estate with a tax lien for ...

Ninth Circuit Reverses Bankruptcy Proceeds Allocation for Taxes

... bankruptcy court's pro rata allocation of proceeds from the sale of property on. ... The Trustee avoided the penalty portion of the tax lien ...

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

a pro rata basis between the IRS and the Bankruptcy Estate. (Estate) ... sale of the property to pay the most senior tax lien. Id. The.

Ninth Circuit Rejects Pro Rata Bankruptcy Allocation Method

Tax Notes is the first source of essential daily news, analysis, and commentary for tax professionals whose success depends on being trusted ...

Real Property Sale Proceeds Must Be Paid First to Unavoided ...

The Ninth Circuit reversed the decision of the U.S. Bankruptcy Court for District of Arizona, and in a case of first impression, ...

Real Property Sale Proceeds Must Be Paid First to Unavoided ...

The Ninth Circuit rejected the trustee's argument. First, the court reasoned that the pro-rata method increased the amount that a trustee avoids ...

Neil Ackerman on X: "9th Circ. Rejects Tax Lien Pro Rata Share In ...

9th Circ. Rejects Tax Lien Pro Rata Share In Bankruptcy Sale https://t.co/epyNBpxIpo.

Ninth Circuit Nixes Use of Pro Rata Method to Allocate Sales ...

A panel of the Ninth Circuit reversed a district court order that affirmed a bankruptcy court's allocation of proceeds on the sale of real property in a Chapter ...

9th Circ. Rejects Tax Lien Pro Rata Share In Bankruptcy Sale ...

9th Circ. Rejects Tax Lien Pro Rata Share In Bankruptcy Sale - Law36... ... Feeds Categories: 363 Sales,; News,; 363Sales.

Case: Pro Rata Allocation of Sale Proceeds Between IRS and ...

The bankruptcy court erred in allocating proceeds from the sale of real property pro rata between the IRS and the bankruptcy estate (the ...

In re Kimura, 969 F.2d 806 | Casetext Search + Citator

Appeal from the Ninth Circuit Bankruptcy Appellate Panel. ... The BAP accordingly held that the IRS was only entitled to its pro rata share of the proceeds.

Federal Tax Liens In Bankruptcy

void as to judgment creditor with lien under Alabama law void as to trustee);. Sampbell v. Straub, 194 F.2d 228, 231 (9th Cir. 1951), cert. denied, 343 U.S..

Tax Authority Federal : Law360 Tax Authority : Legal News & Analysis

9th Circ. Rejects Tax Lien Pro Rata Share In Bankruptcy Sale. The bankruptcy court is not authorized to use the pro rata method to allocate proceeds between the ...

Andrew C Kassner | Legal News Coverage - Law.com

... Sale Proceeds Must Be Paid First to Unavoided Portion of IRS Tax Lien. The Ninth Circuit reversed the decision of the U.S. Bankruptcy ... denied. By Andrew C ...

SUBCHAPTER V UPDATE

creditors, the creditor would receive a pro rata share of $ 105,000 on its unsecured deficiency claim. ... The Ninth Circuit Bankruptcy Appellate ...

Bankruptcy : Law360 : Legal News & Analysis

9th Circ. Rejects Tax Lien Pro Rata Share In Bankruptcy Sale. The bankruptcy court is not authorized to use the pro rata method to allocate proceeds between the ...

Chapter 12 Bankruptcy Taxation: Did BAPCPA Really Change Tax ...

2. Note: The Ninth Circuit, in its opinion, referenced an earlier version of this article in support of its holding. Income Tax Issues For Debtors in Chapter 12.

Case 2:20-cv-02200-DWL Document 15 Filed 09/27/21 Page 1 of 24

The “unavoided portion of the tax lien” remained attached to the Proceeds. ▫. The bankruptcy estate was “entitled to a pro-rata portion of the [ ...

Denial of Priority and Pro Rata Sharing to Tax Claims under Section ...

... (9th Cir. 1958), and cases cited at. 707 n.4. 87 3"COLLIER ... provided further, That a discharge in bankruptcy shall not release or affect any tax lien.

Ninth Circuit Rules That Hypothetical Preference Actions May Be ...

the common-sense notion that a creditor need not return a sum received from the debtor prior to bankruptcy if the creditor is no better off vis- ...