· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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