United States of America v. Kushner et al
| United States of America |
| Glenn Kushner and Virginia Kushner |
| 1:2022cv04569 |
| August 3, 2022 |
| US District Court for the Eastern District of New York |
| Brian M Cogan |
| Taxes |
| 26 U.S.C. ยง 7402 IRS: Petition to Enforce IRS Summons |
| None |
Docket Report
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| Filing 12 Summons Issued as to All Defendants. (Attachments: #1 Virginia summons) (Bowens, Priscilla) |
| Filing 11 CLERK'S JUDGMENT dated 9/8/22 that judgment is hereby entered in favor of the United States and against defendants Glenn Kushner and Virginia Kushner, jointly and severally, in the amount of $241,508.71 plus statutory additions and interest accruing from and after August 1, 2022, including interest pursuant to 26:6601, 6621, and 6622, and 28:1961(c), for their unpaid income tax (Form 1040) and penalty liabilities for Tax Years 2009, 2011, 2012, 2013, 2014, 2015, 2016, and 2017; and that no execution may be made on this judgment until 30 days after a copy of this judgment is mailed to each defendant at their address last known to plaintiff.( Ordered by Jalitza Poveda, on behalf of Brenna B. Mahoney, Clerk of Court on 9/8/2022 ) c/m to dfts' (Guzzi, Roseann) |
Filing 10
ORDER granting #5 Motion to entered judgment. The Clerk of Court is DIRECTED to enter judgment in favor of the United States and against defendants Glenn Kushner and Virginia Kushner, jointly and severally, in the amount of $241,508.71 plus statutory additions and interest accruing from and after August 1, 2022, including interest pursuant to 26 U.S.C. 6601, 6621, and 6622, and 28 U.S.C. 1961(c), for their unpaid income tax (Form 1040) and penalty liabilities for Tax Years 2009, 2011, 2012, 2013, 2014, 2015, 2016, and 2017. No execution may be made on this judgment until 30 days after a copy of this judgment is mailed to each defendant at their address last known to plaintiff. ( Ordered by Judge Brian M. Cogan on 9/7/2022 ) (Guzzi, Roseann)
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| Filing 9 Proposed Summons. by United States of America (York, Benton) |
| Filing 8 Proposed Summons. by United States of America (York, Benton) |
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Filing 7
ORDER granting #6 Motion to Vacate THE COURT'S DISMISSAL ORDER AND RESPONSE TO THE COURT'S AUGUST 29, 2022 ORDER TO SHOW CAUSE and hereby VACATES the dismissal of its complaint. In addition, the United States has shown adequate cause why its settlement agreement with the defendants did not violate Rule 9019 of the Federal Rules of Bankruptcy Procedure. ( Ordered by Judge Brian M. Cogan on 9/6/2022 ) (Guzzi, Roseann)
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| Filing 6 MOTION to Vacate THE COURT'S DISMISSAL ORDER AND RESPONSE TO THE COURT'S AUGUST 29, 2022 ORDER TO SHOW CAUSE by United States of America. (Attachments: #1 Proposed Order) (York, Benton) |
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VACATED ORDER DISMISSING CASE. Plaintiff having failed to timely respond to this Court's Order to Show Cause, and it appearing that the settlement agreement upon which this case is based was never submitted to or approved by the Bankruptcy Court although entered into during defendants' bankruptcy proceeding, the case is dismissed, and the Clerk is directed to enter judgment accordingly. Ordered by Judge Brian M. Cogan on 9/6/2022. (Cogan, Brian) Modified on 9/7/2022 to Vacate order of dismissal (Guzzi, Roseann).
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ORDER TO SHOW CAUSE deferring ruling on #5 . Plaintiff has demonstrated excusable neglect for the missed deadline, but there is a bigger problem. Notwithstanding the non-dischargeability of plaintiff's tax claim in bankruptcy, an agreement between a debtor and a creditor made during the pendency of the debtor's bankruptcy case is not enforceable unless the settlement is submitted to and approved by the Bankruptcy Court. See e.g. In re Big Apple Volkswagen LLC, 571 B.R. 43 (S.D.N.Y. 2017). Having reviewed the bankruptcy court docket, it does not appear that the settlement agreement that plaintiff seeks to enforce was ever submitted to or approved by the Bankruptcy Court. Plaintiff is therefore ORDERED TO SHOW CAUSE by 9/5/2022 why this action should not be dismissed for failure to state a claim. Ordered by Judge Brian M. Cogan on 8/29/2022. (Weisberg, Peggy)
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| Filing 5 MOTION for Judgment Based on Settlement Without Waiting for a Response by United States of America. (Attachments: #1 Declaration of Trial Attorney T. Benton York, #2 Proposed Order Entering Judgment) (York, Benton) |
| Filing 4 RESPONSE TO ORDER TO SHOW CAUSE by United States of America (Attachments: #1 Declaration of Trial Attorney T. Benton York, #2 Declaration of Section Chief David M. Katinsky, #3 Proposed Order) (York, Benton) |
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ORDER TO SHOW CAUSE. By Order entered 8/3/22, plaintiff was ordered to submit its ex parte motion for judgment no later than 8/17/22. It failed to do so. Plaintiff is therefore ORDERED TO SHOW CAUSE by 8/26/22 why this action should not be dismissed for failure to comply with Court Orders. Ordered by Judge Brian M. Cogan on 8/19/2022. (Scott, Quadri)
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| Filing 3 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Bowens, Priscilla) |
| Filing 2 In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link: #http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf. You may withhold your consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. (Bowens, Priscilla) |
| Filing 1 COMPLAINT against All Defendants Was the Disclosure Statement on Civil Cover Sheet completed -YES,, filed by United States of America. (Attachments: #1 Civil Cover Sheet) (York, Benton) |
| Case Assigned to Judge Brian M. Cogan. Please download and review the Individual Practices of the assigned Judges, located on our #website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (Bowens, Priscilla) |
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ORDER. Plaintiff is to submit its ex parte motion for judgment no later than 8/17/2022. Ordered by Judge Brian M. Cogan on 8/3/2022. (Weisberg, Peggy)
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