A case on post-bankruptcy profits goes to Washington

The supreme court have recently taken up the case of a California couple in regards to the payments they are required to make after the discharge of their bankruptcy. There has been confusion over the tax payments; whether or not they are supposed to make the tax payments after the bankruptcy. This may lead majority of people to ask bankruptcy questions before they file for bankruptcy. There has been so confusion in regards to this particular case that it has been forwarded to Washington or to the Supreme Court.

Case on post bankruptcy profits

The Supreme Court concluded that it is going to examine a box that is going to ask either the California couple contingency to pay on the taxation after dogmatic bankruptcy and also a creation of a distinction against the sale of the farm that they had. According to most of the Circuits, the couple must pay taxes because after of the sale of their farm, they have been able to make decent profit.

Brenda and Lynwood Hall had filed for bankruptcy way back in the year 2005. Then they had sold off their 320-acre plantation for almost $960,000. This however resulted in a constructed capital-gains taxation guilt amounting to almost $29,000. As per the claims of the U.S. government, the bankruptcy justice too had refused to provide the taxation debt as one of the dischargeable and unsecured liability.

The 9th Circuit then eventually took the same thing up by reversing the whole viewpoint of a sovereign judge. In its appeal to the Supreme Court, the supervision calls for the Supreme Court justices to declare the contrary commentary amongst the different route courts.

The Justice Department claims that in case of Chapter 12 and Chapter 13 bankruptcy, the proceedings of the bankruptcy are non-dischargeable. The idea is that the liabilities that have been incurred after the request is filed are in no way dischargeable in bankruptcy.

The 8th Circuit however offered a totally opposite view from the above. But still there are two same types of cases in the 10th circuit. According to the brief offered by the US government, the results and the debates on these cases reflects the ceiling direction of the bankruptcy filings under Chapter 12.

So, it is really important to ask certain bankruptcy questions before filing bankruptcy. It is important for you to be aware of all the nuances in regards to bankruptcy and what you should do and follow file filing bankruptcy.

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Description: Samantha Taylor: Samantha Taylor is a well known financial writer. She has written numerous articles based on mortgage and bankruptcy filings for various financial websites.