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Full-Text Articles in Law

United States V. White, 365 B.R. 457, Robert Griswold Jan 2009

United States V. White, 365 B.R. 457, Robert Griswold

Bankruptcy Research Library

(Excerpt)

In U.S. v. White, 365 B.R. 457 (Bankr. M.D. Pa. 2007), the U.S. Bankruptcy Court for the Middle District of Pennsylvania addressed the issue of whether the Internal Revenue Service (“IRS”) may setoff the entire pre-petition debt against pre-petition claims that have been declared exempt, or whether the IRS is only allowed to setoff up to the amount of the priority claim. The court held that the IRS may setoff the entire debt and is not limited to the amount of the priority claim.

The proper treatment of the IRS’ setoff right in bankruptcy is unclear because of …


Individual Voluntary Arrangements: A "Fresh Start" For Salaried Consumer Debtors In England And Wales?, Adrian Walters Dec 2008

Individual Voluntary Arrangements: A "Fresh Start" For Salaried Consumer Debtors In England And Wales?, Adrian Walters

Adrian J Walters

No abstract provided.


A Step-By-Step Guide To Chapter 7 Consumer Bankruptcy In Arkansas From The Debtor's Perspective, Timothy R. Tarvin Dec 2008

A Step-By-Step Guide To Chapter 7 Consumer Bankruptcy In Arkansas From The Debtor's Perspective, Timothy R. Tarvin

Timothy R Tarvin

With record levels of unemployment in Arkansas contributing to rising bankruptcy filings, the increased demand for bankruptcy representation should incentivize attorneys to consider developing a fundamental working knowledge of bankruptcy law. This article provides a resource guide for the assessment, preparation and filing of consumer chapter 7 (liquidation) individual and joint bankruptcies. The article’s scope includes: (1) an overview of bankruptcy; (2) background on debtor-creditor law generally; (3) relevant sources of bankruptcy and non-bankruptcy law and procedure; (4) distinctions among the various types of consumer bankruptcy; (5) the steps in a typical chapter 7 case; (6) information on the official …