In Re Catron

198 B.R. 905, 1996 Bankr. LEXIS 618, 77 A.F.T.R.2d (RIA) 2436
CourtUnited States Bankruptcy Court, M.D. North Carolina
DecidedMay 8, 1996
Docket19-10105
StatusPublished
Cited by4 cases

This text of 198 B.R. 905 (In Re Catron) is published on Counsel Stack Legal Research, covering United States Bankruptcy Court, M.D. North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In Re Catron, 198 B.R. 905, 1996 Bankr. LEXIS 618, 77 A.F.T.R.2d (RIA) 2436 (N.C. 1996).

Opinion

MEMORANDUM OPINION

WILLIAM L. STOCKS, Chief Judge.

This case is before the court on Debtor William Gene Catron’s objection to a proof of claim filed by the Internal Revenue Service, Debtor’s motion for an additional creditors meeting, and Debtor’s motion for discovery. A hearing on these matters was held in Greensboro, North Carolina on April 30, 1996. At the hearing, A. Kennedy Dawson appeared on behalf of the IRS and Debtor appeared pro se. For the reasons stated below, Debtor’s objection to the proof of claim filed by the IRS will be overruled and Debtor’s other two motions will be denied.

The court has considered fully the briefs submitted by the parties, the applicable law, and the arguments of both parties. Having done so, findings of fact and conclusions of law pursuant to Fed.R.Bankr.P. 7052, made applicable in contested matters by Fed. R.Bankr.P. 9014, are hereinafter set forth.

JURISDICTION

The court has jurisdiction over the subject matter of this proceeding pursuant to 28 U.S.C. §§ 151,157 and 1334, and the General Order of Reference entered by the United Stated District Court for the Middle District of North Carolina on August 15, 1984. This is a core proceeding within the meaning of 28 U.S.C. § 157(b) which this court may hear and determine.

FACTS

Debtor filed this case under Chapter 13 of the Bankruptcy Code on December 21, 1995. On January 22, 1996, Debtor appeared and was examined at a § 341 meeting of creditors. The United States was listed on Debt- or’s Schedule E as a priority creditor with a claim, listed by Debtor as disputed, in the amount of $15,955.15 for federal income taxes. On January 12, 1996, the IRS filed a proof of claim in the amount of $13,934.86 based upon unpaid federal income taxes and interest for the 1992 and 1994 tax periods, unpaid penalties for the 1991 and 1992 tax periods, and unpaid interest for the 1991 tax period. The proof of claim was filed as a secured claim. Attached to the IRS’s proof of claim was an itemized list of the amounts due, categorizing each amount due as being either for taxes, penalties, or interest, and setting forth the tax period for which each amount was due, the date of assessment for each amount, and the date and location at which the notice of tax lien had been filed as to each amount due. Another exhibit which was attached to the proof of claim was a document evidencing the recordation of a tax lien in Randolph County, North Carolina on November 14,1995.

On January 23, 1996, Debtor filed an objection to the IRS’s proof of claim on the grounds that it did not conform to Official Form 10 as required by Fed.R.Bankr.P. 3001(a). Specifically, Debtor’s objection was that “supporting documents” were not attached to the proof of claim. 1 Debtor argued that the IRS’s alleged failure to attach supporting documents rendered the claim invalid, was a “violation of the Federal Bankruptcy Rules and Procedures, and [was] an attempt to deny the Debtor(s) Due Process.”

On March 25, 1996, Debtor filed a motion for discovery to compel the IRS to produce the following, as set forth by Debtor: (1) a copy of Debtor’s 23C Method of Assessment; (2) a Form 4430 Proof of Claim that had been signed under penalty of perjury by an authorized agent; (3) documentation and an explanation of how the IRS lawfully made any *907 assessment under 26 U.S.C. § 6201 and a copy of Debtor’s record of assessment; (4) copies of the IRS’s delegation of authority to inquire into Debtor’s personal affairs or to make any demands upon him and the delegation of authority of those who made the determinations, showing the right to make such determinations; (5) copies of notices of deficiencies for the tax years 1990 through 1995; (6) a copy of all documents for the years 1970 through 1995 maintained in a system of records known as Individual Master Files pertaining to Debtor; (7) a full illustration of how all applicable statutes have operated; (8) the IRS’s opinion as to why the Statements in Lieu of Returns filed by Debtor showing that he had no tax liability were incorrect; and (9) the IRS’s opinion as to how Debtor should comply with 26 U.S.C. § 88 at the present time and in the future.

On March 25, 1996, Debtor filed a motion for an additional creditors meeting to resolve certain issues raised by Debtor in that motion, including whether or not the IRS’s proof of claim was signed on behalf of the IRS under penalty of perjury and whether or not the IRS had the authority to assess taxes against Debtor.

Debtor also filed two briefs, purportedly in support of his objection and motions, which briefs primarily addressed issues related to the IRS’s authority to assess taxes against Debtor. The IRS filed a response to Debt- or’s objection to its proof of claim on March 25, 1996, and filed a response objecting to Debtor’s motions for discovery and for an additional creditors meeting on April 29, 1996.

LAW AND ANALYSIS

A. Debtor’s objection to proof of claim.

The court has ascertained the substance of Debtor’s objection to the IRS’s proof of claim to be that the IRS has allegedly failed to attach to its proof of claim supporting documents as required by Fed.R.Bankr.P. 3001(a), (c) and (d). Debtor argues that because of this alleged omission, the proof of claim is insufficient and invalid and is therefore not entitled to the presumption of validity accorded by Fed.R.Bankr.P. 3001(f). Fed. R.Bankr.P. 3001(a) requires a proof of claim to conform substantially to Official Form 10. The requirement set forth in paragraph 7 of Official Form 10 that the claimant attach copies of supporting documents to the proof of claim arises from Fed.R.Bankr.P. 3001(c) and (d) which require that “[wjhen a claim ... is based on a writing, the original or a duplicate shall be filed with the proof of claim,” Fed.R.Bankr.P. 3001(c), and that “[i]f a security interest in property of the debtor is claimed, the proof of claim shall be accompanied by evidence that the security interest has been perfected.” Fed.R.Bankr.P.

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Cite This Page — Counsel Stack

Bluebook (online)
198 B.R. 905, 1996 Bankr. LEXIS 618, 77 A.F.T.R.2d (RIA) 2436, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-catron-ncmb-1996.