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Oct 12, 2010

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Experience

In late 2007 and again in 2008, FBT attorneys were successful in challenging priority claims by the IRS in Bankruptcy Court which, if allowed, would have eliminated any recovery for the client. Total claims asserted in the case by the IRS exceeded $1,000,000 in an estate of approximately $750,000. No general unsecured creditor would have received any distribution. After the Bankruptcy Court sustained the client’s objection to the IRS administrative claim for taxes assessed for post-petition periods, the IRS filed an appealwhich was dismissed by the Bankruptcy Appellate Panel. FBT attorneys then objected to theIRS claim for pre-petition taxes and the Court sustained that objection.