30, 08 11 12:02 Filed in: What's New
Attorney Melchionne was called upon to testify as an expert for the consumer debtor in the malpractice trial of a bankruptcy attorney in San Diego, California. During the three day trial, it was revealed that the attorney failed to find out when the client’s tax returns were actually filed with the IRS rather than when they were mailed. Under the Bankruptcy Code if the tax returns were filed more than three years before filing a bankruptcy, the taxes could be dischargeable. In this case, the bankruptcy was filed a little too early resulting in a sizable tax liability to the client that otherwise could have been discharged by the bankruptcy.