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· 7/16/2009

Bononi Ex Rel. Bankruptcy Estate of Zilka v. Bayer Employees Fed. Credit Union (In Re Zilka)

Citations

  • 407 B.R. 684
  • 2009 Bankr. LEXIS 1855
  • 104 A.F.T.R.2d (RIA) 5687
  • 2009 WL 2105534

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that a charged off loan “is not the legal equivalent of forgiving a debt” (internal citations omitted)
  • finding that, as a matter of law, when a lender issues an account statement to its borrower indicating that an outstanding loan balance equals $0.00 because such loan has been charged off, it is not the legal equivalent of forgiving (i.e. discharging liability on
  • under Pennsylvania law, issuance of Form 1099-C does not constitute an admission that debt was forgiven and does not operate as a discharge of debt
  • “Forms 1099-C, as a matter of law, do not themselves operate to legally discharge debtor from liability on those claims described in such Forms 1099-C.”
  • “That Forms 1099-C can be corrected would be impossible were it the case that the filing and issuance of a Form 1099-C constitutes an admission by the creditor that it has discharged the debt and can no longer pursue collection thereon.”

Source: CourtListener parenthetical corpus (CC0).

Judges: M. Bruce McCullough

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.