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When no material fact remains at issue, we may grant summary
judgment as a matter of law. Rule 121(b); Fla. Country Clubs,
Inc. v. Commissioner, 122 T.C. 73, 75-76 (2004), affd. on other
grounds 404 F.3d 1291 (11th Cir. 2005). The parties dispute no
material facts.
Bankruptcy Discharge
We have jurisdiction to decide whether petitioners’ 1990
Federal income taxes were discharged in bankruptcy. Washington
v. Commissioner, 120 T.C. 114, 119-121 (2003).
The filing of a bankruptcy petition creates an entity
referred to as the bankruptcy estate, which generally includes
legal and equitable property interests and assets that are owned
by a debtor in bankruptcy at the time a bankruptcy petition is
filed. 11 U.S.C. sec. 541(a) (1994).3
In a chapter 7 bankruptcy proceeding, property included in a
bankruptcy estate generally will be liquidated to pay creditors
of the debtor in bankruptcy. However, not all property or assets
included in a bankruptcy estate may be available for liquidation
to satisfy creditors’ claims. A debtor in bankruptcy may be
3 Generally, because petitioners filed their bankruptcy
petition on Sept. 28, 1994, references herein to provisions of
the Bankruptcy Code relate to the Bankruptcy Code prior to the
effective date of amendments made thereto by the Bankruptcy
Reform Act of 1994, Pub. L. 103–394, 108 Stat. 4106, that were
effective for bankruptcies filed on and after Oct. 22, 1994. Id.
sec. 702(b), 108 Stat. 4150.
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Last modified: March 27, 2008