This blog contains articles and information for individuals considering filing for Bankruptcy in York Pennsylvania and the greater Central Pennsylvania region. If you have questions about bankruptcy, there are articles, videos and court opinions here for your information. However, information on this blog is for informational purposes only, and is not a substitute for seeking advice from an attorney.
Tuesday, December 4, 2012
Bankruptcy Court's Ability to Determine Tax Liability.
While it has not often been utilized, bankruptcy courts have been given limited jurisdiction under Section 505 of the bankruptcy code to determine the amount or legality of any tax, with certain limitations. This includes the ability of the bankruptcy court to reduce property tax assessments for prior years. Nevertheless, this jurisdiction has been strictly limited by the BAPCPA amendments which require that the challenge be made “timely.” 11 U.S.C. § 505(a)(2). The majority of bankruptcy decisions have concluded that Bankruptcy Code § 108(a) can provide no relief in extending that time limit for bankruptcy cases.
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