4
(A) Debts dischargeable under 11 U.S.C. sec. 523.
(B) Unless heretofore or hereafter determined by order
of this court to be nondischargeable, debts alleged to be
excepted from discharge under clauses (2), (4), and (6) of
11 U.S.C. sec. 523(A).
(C) Debts determined by this court to be discharged
under 11 U.S.C. sec. 523(d).
3. All creditors whose debts are discharged by this order
and all creditors whose judgments are declared null and void
by paragraph 2 above are enjoined from commencing,
continuing or employing any action, process or act to
collect, recover or offset any such debt as a personal
liability of the debtor whether or not discharge of such
debt is waived.
In October 1994, Mr. Zavitz filed a petition in bankruptcy
under chapter 7. He was granted a discharge on February 9, 1995.
Mr. Zavitz filed a Complaint to Determine Tax Liability with the
U.S. Bankruptcy Court for the Northern District of Texas. The
complaint included the tax years at issue herein.
The case at docket No. 27416-89 was calendared for trial on
May 8, 1995, in Dallas, Texas. Respondent's counsel moved for
entry of decision at that time. No appearance was entered on
behalf of petitioner and Mr. Zavitz, although petitioner filed a
trial memorandum. The Court took respondent's motion for entry
of decision under advisement and ordered respondent's counsel to
file a legal memorandum on the issue of whether the Court could
enter a decision while Mr. Zavitz’ complaint filed in the
Bankruptcy Court was pending.
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