Bankruptcy Scandals Can Be Avoided - The Bankruptcy Code has strict rules and guidelines
It appears that the IRS was not represented well in the Eagan Avenatti case
Is the government required to abide by Bankruptcy Code and Motion Practices ?
Yes - Most definitely
- Bankruptcy Case # 20-01059
Case Name: Martshak v. Eisenhower Carlson PLLC in re: Eagan Avenatti LLP
Yes, you are reading that correctly
This is the law firm that filed bankruptcy and was founded by Michael Avenatti
As you know, Michael Avenatti is in prison.
- When a bankruptcy case is being reviewed by a Chapter 7 Bankruptcy Trustee, you must respond to a discovery request.
- It is not unusual for a Trustee to look over a case and ask for more details.
- Even government entities are required to cooperate with bankruptcy inquiries.
- Recently, the IRS was less than cooperative in bankruptcy case # 20-01059.
- The Trustee served a subpoena upon the IRS.
- The government tried to quash the subpoena and was not successful.
- The Trustee filed a motion to the court to require answers to their inquiry.
- Even after the Court, Judge Clarkson, issued a 12-page opinion detailing the questions that the IRS was required to answer, the IRS ignored the Court.
- When the Bankruptcy Trustee requested records from the Internal Revenue Service, they were not cooperative. The Court, Judge Clarkson, issued a 12-page opinion spelling out the questions that were required to be answered.
- This opinion was based upon the government’s request to squash a subpoena.
Judge Clarkson determined that the IRS agent willfully violated the discovery order and refused to answer questions that were ordered. - The IRS was still uncooperative.
Bankruptcy Case - Key Points
Government was sanctioned $38,000 which was payable to the Trustee.
Government attempted to plead Sovereign immunity
Judge Clarkson stood firm that sovereign immunity was not applicable.
Bankruptcy Scandal - IRS Outcome
- $38,000 was awarded to the Trustee for the government’s improper litigation tactics.
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Bankruptcy Scandals
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