- 8 - In 1994, petitioner and Mrs. Wood entered into a contract to sell the undeveloped land in Florida, but the buyer failed to perform under the contract. On April 29, 1994, petitioner and Mrs. Wood filed for bankruptcy under chapter 11 of the Bankruptcy Code (chapter 11) in the U.S. Bankruptcy Court for the Southern District of Florida (the bankruptcy court). On May 9, 1994, petitioner and Mrs. Wood sold the New Jersey house for $334,000. They incurred $20,300 of expenses related to the sale. Allowable depreciation for the 3- year period the house was rented totaled $9,737. On September 13, 1994, the Internal Revenue Service (IRS) filed with the bankruptcy court a proof of claim, claiming an unsecured nonpriority claim of $2,200 and an unsecured priority claim of $20,389.54. On January 18, 1995, petitioner and Mrs. Wood filed with the bankruptcy court their chapter 11 plan of reorganization. Pursuant to the plan, the bankruptcy court retained jurisdiction of the case until all payments and distributions called for under the plan had been made. The plan noted that the Florida house had been listed with a licensed realtor for sale for $994,900. By order dated February 6, 1995, the bankruptcy court confirmed the plan of reorganization. The order confirming the plan proclaimed: that, except as provided in the Plan, the individual Debtors are discharged from any debt that arose beforePage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011