- 14 - dealings between the parties; and lack of assets. Am. Offshore, Inc. v. Commissioner, supra at 594-595. No single factor is conclusive. Id. at 595. Respondent argues that petitioners did not show that the notes evidencing the debt owed them became worthless. Respondent further argues that petitioners’ respective security interests in the 3513 property and the 3532 property survived the bankruptcy and that petitioners failed to institute foreclosure proceedings. A debtor’s petition in bankruptcy is not conclusive of a debt’s total worthlessness. Estate of Mann v. United States, 731 F.2d 267, 276 (5th Cir. 1984); Dallmeyer v. Commissioner, 14 T.C. 1282, 1292-1293 (1950). Ordinarily, liens and other secured interests survive bankruptcy. Farrey v. Sanderfoot, 500 U.S. 291, 297 (1991). A lien on real property passes through bankruptcy unaffected. Dewsnup v. Timm, 502 U.S. 410, 418 (1992). A bankruptcy discharge extinguishes only one mode of enforcing a claim--namely, an action against the debtor in personam--while leaving intact another--namely, an action against the debtor in rem. Johnson v. Home State Bank, 501 U.S. 78, 84 (1991). Petitioners established that a debtor-creditor relationship existed, as evidenced, in part, by two settlement statements dated July 7, 1983, which detailed the sale of the 3513 property and the 3532 property to the debtors. The record establishesPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Next
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