New York Bankruptcy Resources
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Recent Notable Opinions of the Supreme Court of The United States:
Young v. United States, Docket Number: 00-1567 IN THE SUPREME COURT OF THE UNITED STATES, Argued January 9,
2002, Decided March 4, 2002.
Cornelius and Suzanne Young failed to include a payment with their 1992
federal income tax return, which was
filed on October 15, 1993. Subsequently, the Internal Revenue Service (IRS) assessed a
income tax liability.
After filing a Chapter 13 case, the Youngs ultimately filed a motion to
convert their Chapter 13 plan to a Chapter 7 liquidation case and were granted discharge,
after the court determined they had no non-exempt assets available for
distribution to creditors, including the IRS. If the Internal
Revenue Service (IRS) has a claim for taxes for which the return was due within three
(3) years before taxpayers file bankruptcy, the IRS claim enjoys eighth priority under 11 USC section
507(a)(8)(A)(i), and is non-dischargeable in bankruptcy under section 523(a)(1)(A). When the IRS subsequently
demanded payment of the tax debt, the Youngs requested the Bankruptcy Court reopen their Chapter 7 case and
declare the debt discharged under section 523(a)(1)(A). the Youngs further
alledged the IRS claim fell outside of the section 507(a)(8)(A)(i)'s
"three-year look-back period" because it pertained to a tax return due more than three
(3) years before filing Chapter
7. The District Court held that the "look-back period" was tolled during the pendency of a prior bankruptcy
petition and concluded that the 1992 debt had not been discharged when the Youngs were granted a discharge under
Chapter 7. The Court of Appeals affirmed. Held: In a unanimous opinion delivered by Justice Antonin Scalia, the
Court held section 507(a)(8)(A)(i)'s look-back period is tolled during the pendency of a prior bankruptcy
petition. The Court reasoned that the three-year look-back period is a limitations period subject to traditional
principles of equitable tolling and that nothing in the Bankruptcy Code precluded the equitable tolling of the
look-back period.
The resources we list relate in some way to filing New York Bankruptcy, whether laws, discharge, reorganization
or other topics . Vast bodies of law apply to New York Bankruptcy proceedings and are incorporated by the courts
within each case. As New York Bankruptcy laws are enacted each year, the scope of this website continues to grow.
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