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In what was then the leading case on this issue, the Eighth Circuit held that taxes on post-petition sales qualified for de-prioritization, in Knudsen v. The effect of the Hall decision was that farmers could not utilize downsizing in their reorganization efforts, at least not without facing potentially damaging tax consequences.

We have seen cases which failed because of this problem.

The effect is that these tax debts will share in any distribution to unsecured creditors and will be discharged upon the completion of the Chapter 12 plan.

Among these issues was whether the favorable de-prioritization treatment applied to assets disposed of prior to filing, post-filing, or both.

The Ninth Circuit had invited Congress to rectify this – and now Congress has at least in part.

Among the benefits of Chapter 12 is the ability to de-prioritize the claims. They generally are priority claims and must be paid in full during the term of the reorganization plan and always within five years.

Income taxes can be discharged, but only if certain requirements are met.

The substitute address can be used for public and private purposes, including receiving personal service in a legal context.

The program is administered by the Wisconsin Department of Justice (DOJ) and provides information for victims and victim advocates on the DOJ’s website. section 165.68(2)(a), the individual must assert that: Designated Advocate Assistants are available to help the applicants through the process and with safety planning.

The farmer may be extremely reluctant to part with any of these assets, and only does so as a last resort.

The need to contract the operation may not even have been obvious, or it may come about as part of the negotiations that are integral to the reorganization process.

We have had to dismiss cases in which farmers downsized, and then filed new cases to be able to include the tax debt as a pre-petition claim.

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